I paid Rs. 1.5 Lakh cash as a downpayment to a builder in 2014 and he also didn't give us the receipt. We got to know that building has no proper permissions and hence we cancelled the deal by giving him some other reason. It's been 4 years he hasn't returned our money back. How can I get my money back from him?
If at all the builder has given any thing in writing that he has received the amount of Rs.1.5 Lakhs for booking of an apartment, then you can file a suit for recovery of money.
Having said that you have to claim the amount that you paid with in 3 years from the date of amount became due.
What was the mode of payment?
Did u have any agreement in that regards??
You have no evidence of cash payment made by you
2)has the builder acknowledged his liability to refund Rs 1.50 lakhs ?
3) if not then you would not be able to recover your money
4) your claim is barred by limitation
I don't have any receipt from him for the token money. He never denied to return my money back. He always say, he will give me very soon. He gives me a date to visit him but when I arrived to his place on the scheduled date time, he switched his mobile off and I find his office close. What if I record audio and video of our conversation, will it be considered as a proof?
Anything in writing will do not the audio or video.
With out any proofs you can not file case for recovery of money.
The question is if you have paid money by cheque then you may file a FIR in the police station under section 420 and 406 for recovery of amount.
You may file similar criminal complaint in the civil court under these sections.
you need email or letter from builder wherein he admits x amount is payable to you
2) file police complaint against builder for cheating , criminal breach of trust under section 406, 420 of IPC
1. Have you asked the money back from him?
2. If yes, then what was his answer?
3. You shall have to send him a lawyer's notice asking him to return you the said amount with interest failing which you shall take legal action.
4. If you file a case against him, you shall have to submit evidence that he had taken the said amount from you.
1. You have no evidence that he had taken the said amount from you.
2. For the above reason, it will be difficult for you to prove that he had taken the said amount from you unless he himself admits the debt.
3. Collect evidence of his taking the said amount from you by audio/video recording his said admission of having taken the money.
4. In addition to the above, also collect evidence of your withdrawal of the said amount from your Bank i.e. your source of the money for paying him.
5. Thereafter lodge a police complaint against him for cheating you.
6. You can also file a Money Suit praying for a direction upon him to return youn the said amount with interest, damage and cost.
I don't have any receipt from him for the token money. - That makes your case weak.
He never denied to return my money back. He always say, he will give me very soon. He gives me a date to visit him but when I arrived to his place on the scheduled date time, he switched his mobile off and I find his office close. - Doubtful and not a reliable builder,
What if I record audio and video of our conversation, will it be considered as a proof? That alone shall not be a conclusive evidence, other evidences with respect to the transaction has to be adduced as evidence.
1. Without a documentary proof the payment made to the developer will be difficult to stand.
2. Since consumer forum try the dispute in summary procedure you can't prove oral agreement and ocular evidence of payment either.
3. If you had cancelled the agreement within a period of last 3 years then civil suit for recovery of money remains only option.
1) As you don't have any receipt that you have made cash payment.
2) First Try to get signed on 100 rs stamp paper, cancellation of flat deed and you have to mention all details name and address of builder, site name and address, on which date you have booked flat, on which date you paid advance cash, and on which date you have cancelled this deal, and now here you put current date which he says and get signed by him. This will be strong proof.
3) If he denies to sign cancellation of deed, than record audio and video as proof this sufficient evidence.
If you require any further clarification, do call me via consultation call and give me rating for this.
Send a legal notice to the builder seeking refund of your money.
In case he fails to comply with the legal notice, file a case against this builder either before RERA or in the Consumer Forum.
You dont have any receipt for the payment even banking transaction etc. then recovery is not possible in dark.
If, there is a written agreement etc. then it can solve the problem.
Lodge a police complaint against him after narrating all the details and cheating done by him and also mention that the builder has not only cheated you but others as well.
The course of action now is to file a criminal complaint so that police can investigate the matter. Alternative you can also file a consumer complaint.
Hi...
Have you paid the token amount by any banking channel...? audio video can be considered as evidence depending on its contents.
Thanks.
On the basis of evidence for having given him the money, you should serve a legal notice on him, demanding your money failing which you may initiate legal process for recovery either through civil court or through consumer forum
I don't have any receipt from him for the token money.
He never denied to return my money back. He always say, he will give me very soon. He gives me a date to visit him but when I arrived to his place on the scheduled date time, he switched his mobile off and I find his office close.
What if I record audio and video of our conversation, will it be considered as a proof?
Fist issue a legal notice about this and create a record so that the case becomes maintainable
Then you may plan to file a money recovery case against him for recovery or approaching a consumer forum for relief.
1. Why did you pay the money in the first place if the builder was not ready to give you the receipt?
2. It seems that you failed to conduct due diligence to ensure that title of the property is free and marketable.
3. If you have served him the cancellation notice then file a complaint case in the consumer forum to seek the refund of your money with interest, but if you do not have any documentary evidence to prove the remittance of money then he may well deny having received the money in the first place.
4. Audio and Video recordings can be led in evidence.
Get a written admission through an e-mail or through a text message and then approach the consumer forum for unfair trade practice
Regards
Yes file a consumer dispute and show that you were communicating with him all these years for money. As the limitation is 2 years in consumer court. You can also file FIR u/s 420 of IPC against him.
