• Residential project delayed by years

I invested in a golf community project in Hyderabad. Booked a plot around a golf course for 12 lacs. This was in 2008. But the builder never started the project and not even registered the plot in my name. Current status is no golf course  - just a barren land. He is refusing to return money. He returned just 1 lac 6 months back and now he is not picking my phone and not replying to my messages. What legal options do i have? I am having advance receipt of 12 lacs from the builder. 

Thanks
Asked 1 year ago in Property Law from Ireland
Religion: Hindu
1)i presume money was advanced by cheque and you have receipts from the builder for payments made 

2)  issue legal notice to builder to refund Rs 12 lakhs with interest 

3) if builder fails to refund file complaint before consumer forum against the builder 

4) seek interest and compensation for mental torture undergone by you 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
This is a clear case of unfair trace practice and deficiency of service.
Nothing to worry if you file a case in consumer forum.
In the consumer forum you will get relief of getting back your money with interest as well compensation in terms of damages.
Meet a local lawyer asap.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Hi,
You can approach a consumer court in this matter for deficiency of service. You also have option to lodge criminal complaint against the builder and initiate a criminal suit against him. Contact a local lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1) complaint has to be filed in Hyderabad 

2) advisable to engage services of lawyer in Hyderabad as litigation costs would increase if you engage chennai lawyer
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to file a consumer Complaint  in Hyderabad against the Builder for deficiency of services.

2. Secondly, before issue the complaint you have to issue a legal Notice and there after you have to file Complaint.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,

1) If the booking agreement has a time clause and if the builder failed to perform his part of the contract you can issue him a legal notice demanding the return of the money that was advanced by you,

2) If the builder fails to pay you can either sue him in a civil court of law or approach the consumer Forum to seek compensation for the deficiency in service.

3) As the jurisdiction of the place of transaction is Hyderabad you will have to file the case in Hyderabad. It is advisable to engage a local lawyer in Hyderabad to handle the matter.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Your have two options one is a suit for specific performance whereby you go to court seeking direction from the court to act according to the agreement.

But since a lot of time has elapsed and you seem to have already demanded the money and he too has refunded a small part of it your better option will be to institute a suit for recovery where you seek your money back with interest along with damages. This should be more ideal to your need of the hour.

Please do bear in mind that suit proceedings are normally time consuming affairs in India and this might require you to chase your remedy with some patience.


There is one other mechanism used for speedy recovery of debts. But it might not apply to your situation. If the builder runs his business through a company and there is any document where he has admitted this money as money due to you within the last three years then you may try a winding up petition where if the company fails to pay the High Court will appoint the official liquidator upon the company's property who will sell it and disburse the amounts to petitioning creditor. But this form of litigation has many technicalities and though speedy it needs to satisfy certain conditions.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1. What does the agreement say with respect to the time frame within which the construction is to commence and complete? Once you enter into an agreement with someone your rights flow out of the agreement itself. 

2. Subject to what has been stated in the agreement you may move to court against the builder to recover the amount paid to the builder. 

3. The agreement can be cancelled subject to the cancellation clause incorporated in the agreement. 

4. Get the agreement vetted from a lawyer to chart the legal recourse.

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

The case can be filed only in Hyderabad, albeit the lawyer can be from any part of the country.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
the consumer court of Hyderabad has jurisdiction to try this case if contract is signed at Hyderabad. the building activity relating to housing construction irrespective of the fact that whether the same relates to private bodies, Government bodies or statutory bodies, within purview of the Consumer Protection Act.( LDA vs M.K.Gupta).
Through the Amendment of the Act which came into effect on 18.6.1993 'housing construction' has been brought under the purview of Section 2(l)(o) of the Consumer Protection Act.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Yash Bir Jaggi vs Unitech Ltd. it is held by the National Consumer Furom that @10% interest rate is applicable on the payment of money from the date of contract to the date of payment. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. First file a criminal case/complaint against the said builder,

2. Also file a complaint case before the local District Consumer Dispute Redressal Forum  against the builder alleging deficiency in service and unfair business practice claiming refund of the amount, interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You shall have to file the consumer case at the Forum having jurisdiction on the rea where the cause of action arose,

2. The cause of action arose at Hyderabad.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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