• Bought wrong plot shown by beautiful project by builder

Sir,i bought a plot in dhanbad,jharkhand with a project name madhuwan resort,having nice colony,roads ,society,swimming pool etc.but after registry and mutation of plot,the builder refused to continue the project.and i am left with d baren plot only without any road and connectivity.After so much of discussion he agreed to return my money and will take his registry return.but after so many days he made a payment of 10% through cheque.Even that cheque was also without money and that get bounce.plz help coz its a hard earned money and i need that money.
Asked 8 years ago in Property Law
Religion: Hindu

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12 Answers

1) file police complaint of cheating , criminal breach of trust against builder under section 406, 420 of IPC

2) also file complaint before consumer forum seek refund with interest , litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir instead of running behind the builder file a case in the consumer court and ask for the return of your money along with interest ..2) for bounced cheque file a criminal complaint US 138 NI Act ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

File a cheque bounce case in the court. Besides that approaching the consumer court against the builder and allege that you've been duped. Also lodge a FIR against the builder for defrauding you .

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

1. You can file a case under section 138 for bouncing of the cheque.

2. You can file a case in the consumer forum for deficiency of the services.

3. You can file an FIR for forgery and fraud.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may issue a legal demand notice for the amount to be returned and also for the cheque bounced now.

After that you can drag him to consumer forum as well as can file a cheque bounce private criminal complaint under section 138 NI Act against the builder.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) you cannot go through ministry of defence channel to recover your money

2) you have to sue the builder to recover your money

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you cannot go through ministry of defence channel to recover your money

2) you have to sue the builder to recover your money

3) issue builder legal notice to recover your money

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If there is any influence tat you can create on him , then he may release the payment early.. Any legal proceedings will take sufficient time

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

I'm afraid you can resort to any defense ministry channel to expedite this matter. Ask the builder to give you in writing that he is processing the refund. Even an email from his side serve the purpose. On this basis, you can approach the court in future to seek refund, off course only once he resiles from his promise .

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can try and send him a legal notice and see if it works. This will be the most convenient way.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Let me now if I can be of any further help

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have no other alternative than to follow the legal process for recovery of your money

The ministry cannot help you in this situation and would advise you to follow the case as per law.

You put pressure by sending legal notice and follow it up by filing a case before concerned court for remedial actions.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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