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 .
I have approached a Lawyer to proceed with my case. My Lawyer have given a Legal notice to the Builder and Land owner which is not acknowledged by them and as a result She have filed a Civil suit under Sec-420 in Bangalore City Court.
After that we grouped about 15 families who were cheated by the Builder and approached a Lawyer, and he advised to undergo a Joint MOU between the 15 parties(families) so that the case can be filed and litigation cost can be shared and also as a result the amount of money in question increases drastically to about Rs. 2 crores.
Following are my queries.
1. Since I am already persuing a case in City court for Return of Advance paid, do you think I can still be part of Joint MOU. Further, in joint MOU the lawyer has put a clause "The aforesaid parties have all agreed that none of them shall fight their litigation individually" for which I am bit concerned.
2. Can the joint MOU between the 15 parties(families) be done without the clause "The aforesaid parties have all agreed that none of them shall fight their litigation individually".
Greatly appreciate your prompt response.
Asked 3 years ago
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
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.