• Builder is absconding after taking advance amount

I have given Rs. 7 Lakhs to the bulder (Mahima Worlwide developers) as an advance amount since I have booked one of the Flats in their Mahima Nest project at Hebbal, Bangalore. All the transactions were by ICICI cheque to "Mahima Worlwide Developers". Since Sept'2013 there was no work being carried out at the site and I decided to cancel the booking. I have given a cancellation e-mail in Jan'2014 to cancel the flat and asked to return the money given in advance. Further, in my case the builder have not registered by "Sale Agreement", however I have the receipts in original and the bank statement about the transactions. The builder "Ashis Das" is now absconding and his office has been shutdown. About 15 families are effected like this, we are not sure about the future of the project and people want their hard-earned money back. We approached the police and lodged a FIR but they are of no help.
I would like to know what are the legal options we have in our case to nab the developer and get our money back, and also how to proceed with the legal actions.
Asked 3 years ago in Civil Law from Bangalore, Karnataka
1) you have to file police complaint  for cheating , criminal breach of trust against the builder . 

2) file complaint before consumer forum for deficiency in service against the builder and seek refund of your money with interest . also seek compensation for mental trauma undergone by you . 

3) it is better that 15 affected families join hands and file complaint against the builder .
Ajay Sethi
Advocate, Mumbai
27199 Answers
1475 Consultations
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1) you have filed criminal case  of cheating under section 420 of IPC . it is not a civil case . it is not a suit for recovery but only   for punishment for having committed offence of cheating 

2) dont sign any MOU . although it is advisable to pool in resources and share litigation cost  it is not advisable   to sign any MOU  

3) you ought to also file complaint before consumer against the builder for recovery of your money with interest
Ajay Sethi
Advocate, Mumbai
27199 Answers
1475 Consultations
5.0 on 5.0
Dear Client
1.Immediately issue aLegal Notice to Builder if you have address.
2.File a Complaint in front of Consumer Court and also In nearest police station for cheating.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0

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