Cheating by a developer related to plot purchase
I wanted to purchase a plot in a project ( Nirmal Nagri, Kanke, Ranchi) of Developer: Devraj Homes Pvt. Ltd., Ranchi. They saw me a plot in their project -Nirmal Nagri, Kanke Ring Road,Ranchi. I paid them Rs. 375000/- as agreement amount and we signed agreement on 30-06-2014. Subsequently, I also paid Rs. 350000/- to the developer. As per agreement, I was entitled to build boundary in the plot. The developer started building the boundary upon my request but he did boundary from two sides only stating that the plot is not yet clear and they have not got the power of attorney for the plot. However, in the agreement and in all our communications party had quoted that they have got the power of attorney to sell the land and I can take registry whenever I wish. Now, more than a year has passed and the developer still states that they are not able to clear the plot and could not provide it to me. The boundary is not built from another two sides due to this. I communicated to give me the refund of the amount paid but they are giving only next dates in place of refund. Now, their key persons have stopped to lift my call.
Please advise what to do in such case to get my refund.
Asked 4 years ago in Property Law from Ranchi, Jharkhand
Sir, upon lots of follow up with the developer and lots of effort, Md. Sakeel of M/s Devraj Homes Pvt. Ltd. issued me four cheques without dates amounting Rs. 7.25 Lakhs( amount I paid to them) on 16-10-2015. They told that I should submit the cheques when they will be tell to submit it upon arranging the funds. But till 08-12-2015, they were telling that they won't have funds and continued with giving next dates. In between, i gave a written complaint to police on 26-11-2015. On 09-12-2015, police inquired with Mr. Sakeel of Devraj Homes Pvt. Ltd. Mr. Sakeel told that the police that they have given the cheques to me and their job is over. On 09-12-2015, I submitted the cheques at Bank after writing the dates and crossing it for A/c payee. Today (10-12-2015), I got an SMS as well as mail against all cheques telling "
Cheque No....................... for INR ......................... deposited on A/c No XXXXXXXXXX1182 has been returned unpaid due to FUNDS INSUFFICIENT . Check A/c for bal.
Please suggest if I should wait or proceed for legal action.
Asked 4 years ago