Sue the builder for recovering this token amount which lies in deposit with the builder. he cannot sit over your hard earned money and hence, send him a legal notice for recovering this amount from him before dragging him to the Court.
Booking amount not refunded
Gave 2.5 lakhs as token money 1.5 years back on one of builder project but we denied to buy it after one week. Builder said I will show you another property and will adjust your money there and it took around 1 year to finalize flat. But flat which we finalized he ask ask for more 1 lakh and said we will make another agreement of lakh rupees that if loan will rejected then will give you back 1 lakh rupees in 60 days. Now both builder is playing game and saying write in a paper and sign that if you buy flat in future I will adjust 2.5 lakhs or else you will not claimed any money then I will give you your 1 lakh. I have agreement of both amount. What action we can take to get back all money?
Asked 8 years ago in Property Law
Religion: Hindu
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11 Answers
File complaint against builder before consumer forum and seek refund of Rs 2.5 lakhs paid by you with interest
2) also claim litigation costs and compensation for mental torture undergone by you
Is it mandatory to londge a FIR before spending a legal notification to the builder
Asked 8 years ago
Not necessary to lodge FIR
You can file complaint against builder before consumer forum as advised herein above
No no. It is necessary. You can do both simultaneously.
You can lodge a criminal complaint of cheating .. For money you can file a recovery suit against the builder.. For detail guidance kindly contact in person.. Regards Hemant Chaudhary
No you can send a legal notice before lodging an FIR, though legal notice js not necessary for lodging an FIR but you can take a chance and send a legal notice, might be possible that builder turns up and settle the issue.
Regards
1. Serve a lawyer's notice to the builder to refund the amount.
2. If he does not refund it then file a complaint case in the consumer forum to claim refund with interest.
3. A criminal complaint for breach of trust under section 406 IPC may also be filed in the given facts and circumstances.
If you have agreement for both the projects, then you first issue a legal notice stating that you have cancelled the booking due to the reasons that you may rely upon, and demand the money paid as advance to be refunded, within 15 days failing which you will initiate legal action including criminal complaint with police for the offences of cheating.
After that you can file a money recovery suit in the civil court.
Is it mandatory to londge a FIR before spending a legal notification to the builder
Criminal complaint with the police is not mandatory because it is not a cheating offence, however it will not bar you from lodging a criminal complaint if the builder is arrogant.
Today I got 4 cheques of 25000 thousand but he said that u have to write in blank paper that u will not clame 2.5 lakhs in future then I will give u these cheques. So I had to write it down in pressure bcz I had to take those cheques I was not in a condition to lost 1 lakh rupees but I wrote that "if I purchase any flat in future to u, u will have to adjust that money there and otherwise I will not claim for 2.5 lakhs". They were pressuring me to write it down and threating me to not to return 1 lakh rupees as well but on note I did not mention any where that I am writing this without any pressure so After this note can I send a legal notice to them for recover my remaing 2.5 lakhs and still I have original agreement for that deal.Will it make any problem in case? I did wrong signature but they took thumb impression also.
Asked 8 years ago
all these tactics wont help you much, it will be a good case for them and there is a reason that they took the thumbprint. Go ahead and get those cheque encashed, you do not have a good case now.
Lawyers might tell you that you still can file a case but that will be a sheer waste of money and time Sir.
Regards
Once you have mentioned in writing that you have accepted Rs one lakh in full and final settlement you cannot claim further amounts from builder
In case you file any case you would lose the case