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 1 year ago in Property Law from Ranchi, Jharkhand
This is a clear case of cheating and violation of agreement conditions.
You can lodge a criminal complaint against the builder for the cheating offences and also can draw him to the consumer forum with a case for deficiency of service seeking suitable compensation as well as to recover the amount held by him .
1) issue legal notice to developer to refund your money with interest
2) if he fails to do so move consumer forum against builder seek refund with interest
3) also seek compensation for mental torture undergone by you
1. You have two options-Either you may cancel the agreement to seek refund and compensation from the developer, or you may enforce his liability to build the plot and execute the sale deed in your favour.
2. The developer is bound to honour the promises which have been reduced to writing in the agreement. Failure to honour any one of them is breach of contractual obligations, which can be remedied by filing an appropriate lawsuit in the court.
3. If you wish to seek the refund then issue a lawyer's notice for cancellation.
A. Issue a legal notice to the builder for the breach of the terms and conditions of the agreement and ask refund the entire amount with interest.
B. If he does not respond properly, you can move a consumer forum under the deficiency in the service and you can recover the amount by initiating summary court proceedings.
C. You are entitled to get more damages for mental agony.
1. You should have verified all the documents including POA before making the payments,
2. However, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount paid with interest, damage and cost,
3.Also file a police complaint against the developer for cheating you.
If u want refund or compensation with refund then Consumer court is the remedy.
But if ur intrested in enforcment of agremnt ,looking at senario of real estate rates then go for sp.performance of contract i.e civil suit.
In any case , u need to give builder Legal notice and if they fail to act upon in given time positively go out of one from the above remedies.
Advocate, Greater Mumbai
The builder does not appear to have come clean and the title over this seems doubtful.
I would not advise you to proceed to buy this land.
Rather give him an ultimatum and seek refund of money.
if fails to pay then file case before the consumer forum and seek refund and compensation.
You will get justice.
Hi sir/madam, its all depend upon terms and conditions of Agreement between the parties of you and developer. If the one of the condition is refund clause is there in the said Agreement you have to entitled to get the refund of your money which you are paid to the Developer. You have to issued a legal notice through lawyer to claim the refund of your money, if they have failed to do so, you have to file Petition before jurisdictional District Consumer Forum to claim for deficiency of service to you and to claim compensation for mental agony alongwith refund of your money. This the procedure to get your refund amount from the Developer.
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 12 months ago
1) issue legal notice for dishonour of cheque
2) file complaint under section138 NI for dishonour of cheque if builder fails to pay within 15 days of receipt of notice
3) also move consumer forum against builder and seek refund with interest
1. It is good that you have deposited the cheques which got dishonoured,
2. Now you have evidence that they had cheated you not only by selling the property on false assurance but also that they have issued cheques to you towards refund of the amount paid by you with out keeping the required balance in their account,
3. Now file a check dishonour case u/s138 of N.I.Act and also a cheating case against them,
4. Simultaneously file a complaint case before the Consumer Forum as suggested in my earlier post.
You should immediately issue them a legal demand notice demanding them to pay the cheque amount either by cash or DD.
failing to comply with the notice, you may file a cheque bounce case against the builder.
besides, you may also contemplate to file a consumer complaint case before the jurisdictional consumer forum for deficiency of service as well as for compensation for the mental agony due to pecuniary losses for which the builder is responsible.
Since the cheques have bounced due to insufficiency of funds you should issue a legal notice to the builder for payment of money and then launch a criminal prosecution for cheque bounce against it.