File complaint against builder before RERA and seek orders to direct builder to refund your money with interest
in alternative file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
Not giving money after cancellation
I have booked a property in konnark builders Chindrhan village navi mumbai through Green Valley property at kamothe in 2017. The agreement value was 20,00,000 and I paid booking amount to 2,00,000 to konnark developers and paid 2,30,000 to green Valley. I made all payment through cheque. The registration of the flat was also we did. And after that due to financial condition I had cancelled the booking and as per the agreement with konnark in 2018, they had deducted 5% of the agreement value that is 1,00,000 and refunded me 1,00,000 but green Valley had not refunded my amount which was 2,30,000.And they were saying you will not get the full amount as some was deducted as a cancellation charge. I already paid cancellation charge to konnark as per the agreement then why they were talking about cancellation charges. They had given me 5 cheques amounting 2,30,000 out of which 3 cheques were bounce in 2018 and after that they have paid me 15000 and said you will recive payment in parts because your flat is not sold. They keep on delaying my payments. My financial condition is not so good. What will I do in such situation.
Asked 6 years ago in Property Law
Religion: Hindu
20 Answers
- Why did you not proceed under s138 of NI Act when the cheques bounced in 2018?
- Now you must sue them for recovery.
- I'm prepared to handle your case. But I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; hence it shouldn't be much difficult for you to visit me for exhaustive consultation.
You should send legal notice for recovery of funds from green valley developers.
If they fail to clear the amount you should present the remaining cheque in bank and file case of section 138 NI act along with 420 and 406 IPC for recovery of money.
Sir on bouncing of cheques you should have filed for cheque bounce case since now you failed to.file same you can give them a legal notice asking them to pay the complete amount in 15 days in case they fail file a complaint before the RERA authority or alternatively before the consumer court.
You should have filed cheque bounce case. Project must be registered with RERA, Complain to it. And cancellation of booking was also on wrong reason, cancellation should have imputed due to default of buyer, full amount was revocable with interest.
You can FIR u/s 420, 406 IPC for fast recovery.
The refund by the agent/broker Green Valley will be governed by the agreement/contract entered between you and Green Valley
so from the brokerage the agent would be entitled to deduct certain amount as per the agreement towards cancellation fee on your cancelling the unit with the builder
the refund of the part brokerage will then be governed by the brokerage agreement
if their cheques have bounced on 3 occasions then you can issue them a 138 notice and also would be required to file a 138 complaint against Green Valley before the Magistrate
however for that you will have to incur court fees and litigation expenses
so to put pressure on Green Valley you can atleast issue them 138 legal notices
if nothing comes out from the above, you will have to file a civil suit against green valley as well as cheating case in police station
For bounce cheque you can file case u/s 138 instrument act.
And for rest of balance amount with RERA and Consumer Forum.
You can approach rera or consumer court for the same. If it's a company you can also approach nclt.
OPTION FOR YOU:
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
3. You can also prefer to file a grievance petition before the local Consumer Court, for the harassment, deficiency, cheating etc.... and claim damages & compensation, by providing all relevant documentary evidences.
- Since you have cancelled the booking , then the builder is bound to refund the amount as per the agreement between you and the builder , i.e ,5% of the sale value .
- Even duduction of 5% of sale value is unethical , The deduction should be from the paid value . Hence, you should approach Consumer Court for getting full refund of your paid amount on this ground as well.
- If you have canceled the booking , due to any fault of builder, such as, fault in the project etc , that has not been disclosed or you at the time of booking , then you have right to get entire amount along with compensation back from the builder.
- Earlier you was having right to recover your amount after filing check bouncing cases under section 138 of N.I.Act, but due to being delay ,now you have option to file a Recovery suit.
- Better, file a complaint before the Consumer court against the builder , and also a recovery suit as well.
Send them a legal notice, calling upon them to forthwith release your dues. In case they fail to comply with the legal notice, you can approach NCLT after serving a demand notice upon them.
issue a legal notice through an advocate and file complaint before district consumer court and claim refund along with interest and compensation for mental agony.
Dear Sir,
You may file civil suit basing upon dishonored cheques and recover entire amount with interest. The limitation period is 3 years from the date of dishonor
For the above property Stamp duty and registration of the flat is 1,20,000 out of 2,30,000 which green Valley have paid. I asked green valley they said you will get refund of 1,00,000 from our side and we had applied refund of stamp duty from goverment. When goverment will refund you will get that amount also But they are saying the same thing you will recive payment in parts as your flat is not sold. But this is their lookout I had already paid cancellation charges. What% of deduction in the stamp duty part that is from government. Should I wait till he made payment in parts.
Asked 6 years ago
Stamp duty dose not refund. Builder is cajoling.
File FIR.
1)it is true that obtaining refund of stamp duty is long drawn process
2) balance amount should be refunded by them . they cannot impose condition that payment would be made on flat being sold
Sir give them legal notice though they are correct about stamp duty refund same they can refund after they receive same.
Also the deduction on stamp duty on refund depend state to state.
If you are aggrieved by their such an irresponsible and lethargic attitude, you may issue a legal demand notice venting out you grievances and demand your dues to be paid within seven days from the date of receipt of the legal notice.
You can even contemplate to file the cheque bounce case if it is not barred by limitation at this stage.
After that you can drag the firm to the consumer forum seeking relief and remedy.
You can gt the full refund of the stamp duty on cancellation of the booking with minor deductions towards the cancellation charges.
You can mention all your grievances agaisnt the firm in the legal notice and demand your dues failing which you can proceed with the suggested legal steps.
You have right yo receive it in full amount. Parts can be entertained if he gives interest to you
You will have to consult a local lawyer, discuss full facts and take steps