• Fraud from ND developers

Let me introduce myself. I am an individual who has been cheated by one of the Builders (ND Developers in Bangalore). Actually 3 years back, ND developer launched preapproved Apartments (ND Orchid) with the agreement that if the apartments don’t come up in 6 months, they will refund the whole money with interest. They said that they are CREDAI approved and will not make any false statement. So, I booked an apartment with Rs 5,00,000 as booking amount. Since last 2 years I am following up with the guys for updates but they were making hell lot of excuses and the property is still at level zero. Out of frustration I demanded the refund last year and to strange surprise they are not refunding the amount with the excuse that they have no money as of now. 
 
   Till date, from the last 1 year I am trying to follow up and get updates but still they keep on making excuses. Currently I am out of country. Please advice the procedure and the rates if I go ahead with legal formalities. If anyone like to take my case, please mail me at prantic_barua@hotmail.com.
 
My Booking Details:
 
Apartment - E-302
ND Orchids
Property Owner: ND Developers, Bangalore.
 
Note: I have the agreement and the receipt.

Thanks & Regds,
Prantik.B
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) issue legal notice to builder to refund to 5 lakhs paid by you with interest 

2) if builder fails to refund file complaint before consumer forum. For deficiency in service and seek refund with interest 

3) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. File a complaint case before the District Consumer Dispute Redressal Forum at Bangalore alleging deficiency in service and unfair business practice claiming immediate refund of the amount paid by you with interest, damage and cost,

2. Cases are disposed of quickly in Consumer Fora and it is easier/cheaper  to file,

3. Engage a lawyer at Bangalore having expertise in this field. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. It appears the builder is like host of other developers who are out there to cheat the customers on the basis of false promises.
2. Send them a notice asking for refund of your money along with compensation.
3. They will not pay you any heed. Then file a case before the consumer forum wherein you will get both the reliefs as sought for in your demand letter.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Hi
 Send legal notice demanding the refund with interest if not obliged by the notice move to consumer forum and file complaint, seek compensation along with, amount and interst  
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) The agreement needs to be perused to decide upon the future course of action. If it is stipulated in the agreement that you will be refunded the booking amount of the project does not take off in six months you can certainly sue him for refund and damages.

2) On the other hand if the project is still at zero level it is obvious that the builder is facing problems regarding approvals most likely. As the builder is refusing/excusing about the refund send him a legal notice demanding immediate refund with interest.

3) If the builder fails to negotiate or comply with the demands in the notice  you can file a suit for recovery and bring about criminal charges against him.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
What is the agreement mentioning about the completion of the construction ? Is there any time limit specifically mentioned in it ?
Even otherwise you have options to take legal action against the builder by first issuing legal notice demanding him to comply with the conditions of the contract as per the agreement entered into failing which you may initiate a consumer case for deficiency of service as well as compensation for the mental agony and physical fatigue including fiscal loss.   Or you can file a civil suit for specific performance of contract seeking specific or alternate reliefs.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. It is difficult to qualify any lawyer as good or bad though there are plenty lawyers,

2. Select any one from this portal or google search.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Hello,
1) There are a few panelists on this site Kaanoon from Bangalore.

2) Opt for a consultation and you can get assistance from someone who can take up your case.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Number of lawyers on this website from Bangalore contact any of them 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
It is for you to look for a good or  bad lawyer.  We can suggest you a lawyer, but it becomes your duty to assess his capability and skill through your own sources or through reliable sources.  A lawyer so suggested will be a reliable person only  but you cannot expect him/her to appease you as per your taste or desire. 
So it is always suggested that you look for one through your own sources so that all the regrets or happiness will be credited to your own account. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. There is a legal way in which refund is to be claimed. You have to issue a legal notice for cancellation of the agreement to qualify to seek the refund of the booking amount. Unless demand for refund is preceded by a legal notice for cancellation the former demand is not sustainable.

2. Now issue a lawyer's notice for cancellation and seek refund. If the developer does not meet your demand then you will be at liberty to file a lawsuit to recover the booking amount along with compensaon.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
HI sir/madam, you have to issued a legal notice to the said ND Developers to refund the money with interest, if they failed to do so, thereafter you have to file Petition before District Consumer Forum Bangalore for the same along with compensation for mental agony due to their deficiency of service. If u want my legal service ... I will do it.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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