• Taken advance for plot and not giving back the money

Sir, I have paid an advance amount of 4 lacks Rupees to a Real estate company in Hyderabad against advance payment for plots in July 2007, but they have not given plots .those plot registered by their own name  So far the Directors made assurance that they will give back money , but Now they are not responding to my call .I am residing at Hyderabad and they reside one at kadapa,another two at Nellore.I have receipt and Bank certification letter also.Kindly help me I am a retired and kidney donor(five years back) for my son.No employment for the last five years.
Asked 3 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) issue legal notice to company to deliver plots in respect of advance payment was made . offer to pay balance amount payable as per your agreement . in alternative ask for refund of Rs 4 lakhs with 18%pa interest 

2) if company fails to deliver plots or refund file complaint before consumer forum for deficiency of service and seek orders for delivery of plot . in alternative seek refund of Rs 4 lakhs with interest 

3) also file criminal complaint of cheating criminal breach of trust against company and its directors 
Ajay Sethi
Advocate, Mumbai
45507 Answers
2675 Consultations

5.0 on 5.0

1. Did you enter into an agreement with the company prior to paying the advance amount?

2. In terms of what has been stated in the agreement (if executed) you can issue a lawyer's notice to the company to refund your amount. If the amount is not refunded even after the notice from your lawyer then you may go to court and seek the recovery with interest and damages. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Is there any agreement entered into by and between you and the said company?

2. Was there any booklet published by the company inviting ofers from the public?

3. If yes, then lodge a police complaint againt the Company for cheating you,

4. File the complaint at the place showing company address, at the place showing the address of the real estate and the places having addresses of its directors, 

5. If police does not take any action file an application u/s156(3) praying for direction upon the police to investigate and act based on your complaint,

6. You can also file a writ petition against police inaction before the high court,

7. The matter will not come under the purview of Consumer Forum since the subject property is a plot of land only without any construction thereupon.  
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

1)You may file a Suit for Specific Performance if you are interested in the Flat. However this is slightly time consuming an affair.

2)If you are interested in simple recovery and damages then you can approach the consumer forum. This is speedier but you may not succeed in owning the property.

3) If you have any written acknowledgement for such money due to you then you can also file a winding up petition against the Company seeking the courts direction to wind up the company and help you realise your dues upon sale of the company assets. This is the fastest method but then you can only claim the principal with some interest for mean time and no huge damages.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

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