• Builder has been booked for fraud and in police custody. Will I get back my money?

I have booked a bunglow in land + construction project. I have paid the land cost to builder, but builder does not done registry. Now it's been 6 years and in Jan 2019 it has been known that police has been arrested the builder in fraud case and he is now in police custody. Will I get back my money anymore. I have done all the payments through cheque on the company name and I have all the receipt of same with allotment letter only.
Asked 6 years ago in Property Law
Religion: Sikh

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12 Answers

file complaint against builder before RERA seek refund of your money with interest 

 

2) in alternative complain against builder before consumer forum seek refund of your money with interest 

 

3) also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99887 Answers
8152 Consultations

What was you waiting for such long ? You had straight remedy to file criminal complaint against him. Fastest recovery. Well, you have delayed so recovery too will.

File FIR without fail. Recovery is sure but will take some time.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- The budilder is bond to refund the amount , paid by you with interest from the date of your payment till realization.

- Since, the said builder is in police custody for fraud and cheating , you should also lodge your complaint against him for the same.

- You should also file your complaint against the said builder with the RERA for the same.

- As a first step you should send him a legal notice for the refund of the amount with uptodate interest.

- If, no response, then file a complaint before Consumer Forum/Court 

- You will get your amount refunded with compensation for mental torture due to dealy on the part of builder. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Hello, 

file a complaint before RERA. 

raise your claim at the earliest if the company goes in liquidation then you being the financial creditor will be paid the money as and when the same is available.

Get in touch with a local lawyer at the earliest. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See you can file suit or consumer complaint against the builder company for recovery of the amount and also can file FIR against builder company for cheating and fraud further the consumer complaint is better remedy at this stage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Builder cannot be legally forced to return any money, in criminal cases.  He can only be punished with prison time.

2.  You have to file a private civil case, for recovery of your money, with proper documentary evidences.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi,

You have not mentioned that whether you placed and demand for refund of your money from builder or not and also whether you have initiated any case against that builder in this regard. If not, you are suggested to raise your demand and in due process the builder will be forced to return the money. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear sir

You can file a recovery suit in the civil court to recover your money from the builder. Also pray for alternate relief from court to order builder to complete the process of registry of land in your name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1) You can ask builder to registered the land on your name and get paper ready your self and ask builder to present in registered office for further signatures and transfer the title of property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you can approach Consumer forum or RERA seek refund along with interest and compensation

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

You will get if you file consumer complaint.  In criminal case it's difficult to get money back.  But court can grant you compensation if he gets convicted

Prashant Nayak
Advocate, Mumbai
34598 Answers
249 Consultations

1. If the developer is a fraudster then he is not going to finish the project anytime soon.

2. however you will have to wait till the time of his release and once he is released on bail you can send him a cancellation notice and seek full refund and damages if the breach of agreement is there.

3. The mere arrest of the developer on some other issue is though no round for your cancellation.

4. Only if there is deficiency of service in regard to your case then only you can file case before the consumer forum for the same.

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

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