• I had deposited 10 lakh by cheque as a pre launch booking amount to book a 2-bhk flat with builder

The private builder did not launch the project so far and also not return the amount so far, despite repeated follow ups. I donot have any agreement signed with the builder, nor the builder have given any receipt of payment so far. I want to know as what are legal remedies or option available with to get my money bach from the builder. regards
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

File complaint against builder before RERA as he has sold flat without registering project with RERA 

 

2) file poluce complaint against builder for cheating and criminal breach of trust under section 420 , 406 of IPC 

 

3) in alternative file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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. A Civil Court or a Consumer Court, case is also possible, but this will take several years, leading to expensive legal fees on the same.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The option to file case against the builder is open in in consumer forum as well as real estate regulatory authority the project has not been launched and delete by one year you have the option to file the case and get the different including the interest and compensation for mental agony you can also charge legal expenses as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You can file case against builder before consumer forum for failure to carry out construction and execute registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

Yes consumer complaint is the best option in his case

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can file a complaint before District consumer forum court seeking refund of your amount along the interest and compensation you can place booking form and account statement on record. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you may file same as it continuous cause and builder failed to refund the amount and handover the flat.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can issue a legal demand notice demanding the return of the booking amount for the said reasons. 

If he's not complying with the demand made within the stipulated period of time,  you may initiate legal process to recover the amount through court of law. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You can file it before consumer forum itself because it may be barred by limitation if you file a money recovery suit in a civil court. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. If the value of the flat is within 1 crore but beyond 20 lakhs then you ca file the case in state commission. Otherwise it requires to be filed in the district consumer forum.

2. Since refusal to complete the sale is continuing cause of action, the case is not barred by law of limitation.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hi, it is advisable to file the complaint with RERA ,for seeking refund alongwith interest ..The bank transaction details are sufficient evidence for claiming back your money 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. You can file a grievance petition before the local district consumer forum.

2. However, since the matter is seven years old and out of the limitation period. you will need to give 2-3 legal notices to revive back and set off the limitation period to be eligible to file matter before the consumer courts.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File FIR for fast recovery and simultaneously through consumer court you can claim compensation with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hello,

If you have transaction details you can file the case in the consumer court but you must show that you paid him to purchase the flat and for that you have to show documents like any deed, any allotment letter, any letter or mail which shows that you are paying the booking amount .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

If amount is less than 1 crore , will file in district consumer forum

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Issue notice to the Builder demanding the refund of the money.

Failing which, lodge complaint with RERA against builder as he induced you to part with money and failed to comply with the commitment. 

He is can be  booked U/s.406 & 420 IPC.

You cannot file complaint before Consumer Forum as it is barred by limitation, complaint before consumer forum has to be done within two years. 

You can lodge complaint  before RERA bring to its notice about the mischief of the Builder.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

In the instant matter, where the builder has cheated you or the developer has made false promises, the buyer can file a criminal case under Indian Penal Code for cheating, breach of contract, for delivery of poor quality of construction.

At the same time, you can also file a consumer complaint on the ground of deficiency of services. Delay in possession or nondelivery of flats come with the ambit of deficiency of services.

Consumer courts have slapped huge penalties in various matters and assured that the possession of flat is given at the earliest or the entire amount is refunded along with interest and compensation. Consumer courts have awarded exemplary compensation like 65 lakhs along with 18% interest as compensation.

It is very important that you consult a lawyer in such matters and send a legal notice. A well drafted legal notice, covering all the points can draw the case in your favour. Also, an experienced lawyer in such matters will ensure that you get the possession of your house along with compensation for cheating and delayed possession.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. It is most unwise to pay the money without an agreement. You also do not have a payment receipt or acknowledgment. This is a recipe for disaster.

2. The suit for recovery of money has to be filed within 3 years from the date on which the amount falls due for repayment. 

3. Your claim is prima facie time barred. Even if it is held as not time barred then also it may not survive on merits as you do not have any documentary evidence to prove his liability. Learn a lesson and be wise in future. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can file a complaint before consumer court or
file a civil suit for specific performence before civil
court or file a suit for damages

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The limitation period to file a civil suit for recovery of money is 3 years from the date of the last payment made so in my opinion best option is file complaint before District Consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This one is the most important, there is time limit to file the complaint to the consumer forum i.e. it must be filed within two years of the cause of action and if there are reasonable causes for delay in filing the complaint, you can always request the Consumer Forum to condone the delay.

 

The jurisdictions of the courts are based on the hierarchy of the courts;

  1. Pecuniary Jurisdiction:

  • The District Consumer Dispute Redressal Forum has the pecuniary jurisdiction of up to an amount that does not exceed 20 lakhs.
  • The State Consumer Dispute Redressal Commission has the pecuniary jurisdiction where the claim exceeds 20 lakhs but does not exceed 1 crore rupees.
  • The National Consumer Dispute Redressal Commission has the pecuniary jurisdiction where the claim exceeds the amount of 1 crore rupees.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. You should hire an Advocate and send a legal notice for cancellation and refund of money paid to him as advance for booking the flat. 

2. Your claim is time barred but you can still file case with state consumer forum against builder for refund of money with interest and compensation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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