• Property

Dear sir
I have given 1.97 lack to builder for flat two years before but he hasn't started construction. So ask him to give my money back & after 3 months he given me 60k,but till remaining amount is pending. He is saying he will return money when he will receive from someone. Please suggest should I complain in police station.
Thanks & Regards
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1. Yes, you can file complaint of cheating against him.
2. Alternatively you can file case before the consumer forum as well claiming for return of balance amount along with compensation fro delay..
Devajyoti Barman
Advocate, Kolkata
5824 Answers
63 Consultations
4.9 on 5.0
1. In place of taking refund of part of the advance amount paid by you two years back thus relinquishing your right to have the agreed flat, you had an alternative to file a complant case before the local District Consumer Dispute Redressal Forum, alleging deficiency in service & unfair business practice claiming the registration of sale deed for the said flat by the builder after collecting the balance amount from you or paying the price of a similar flat in that area, damage & cost,

2. However, now also you can file a complaint case before the said Forum & claim the balance amount with interest, damage & cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12702 Answers
261 Consultations
5.0 on 5.0
1) file complaint before consumer forum against the builder for deficiency in service . 

2) in said complaint seek refund of balance amount of Rs 1, 37,000 together with interest . also seek compensation from the builder   for failure  to carry out construction for 2 years  and for mental anguish suffered by you . 

3) you are also entitled to claim costs from the builder . 

4) cases before consumer forum take around 2 years to be disposed of . 

5) you can also file criminal of cheating under section 420 of IPC but it would take years to be disposed of
Ajay Sethi
Advocate, Mumbai
24666 Answers
1320 Consultations
5.0 on 5.0

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