If they are not communicating with you, You can proceed by sending a legal notice to them, where you can get them to admit the receipt of cash amount as well. Without any admission on their part or any evidence of you giving them cash, it will be difficult To prove the cash part.

If they also do not adhere to the legal notice, You will have to proceed to court against them Under civil and criminal law.

You can also claim the cash amount in the legal notice. It is advisable to send the legal notice on priority basis. You can also approach civil Court and take stay on the construction on the basis of demolition of your booked unit.

If there is no receipt then you will need a witness or you need to examine yourself. No other way 

You have no evidence of payment of Rs 10 lakhs in cash 

no receipt issued by builder 

3) you can file complaint against builder before the consumer forum and seek refund of ₹13 lakhs paid by you 

4) in alternative seek orders  to direct builder to provide you alternative commercial shop

in the legal notice, you can mention that the builders insistence you had paid 10 lakhs in cash and balance amount by cheque 

engage a local lawyer for filing complaint before the consumer forum

It was your mistake not to have a  receipt for the cash transaction.

Now to get the refund it may be a herculean task to prove the same in the case he refused to admit the said cash transaction.

In any event first send him a legal notice and then lodge a complaint of Police for cheating. 

It would be goodwill if builder uf ge admits cash payment otherwise you can legally be entitled to recover paid money against which you have valid receipt. Insist for unit instead of money. 

You first send a legal notice communicating your knowledge about the demolition of the unit you are allotted for purchase and inform the builder that since there's no point in waiting anymore, he should return the total amount he received towards the advance for sale consideration amount within seven days failing which you can inform that you will proceed legally against him for recovery through court process.

If you don't get any response then you can proceed legally as suggested.

You mention the whole amount that you you paid by clearly mentioning the cash portion and cheque portion.

The builder cannot deny the receipt.

The evidences in your possession should be able to come to your rescue at this stage.

You don't wait any longer and issue the legal notice immediately.

You will get the full refund including cash with interest. There are ways to establish payment of cash like…

1. Price of space at the time of payment.
2. Payments made by other purchasers.
3. Withdrawal of 100L
4. And many more.

Ascertain whether building plan comprised shaft for lift. Party demolishing your property is also to payment compensation apart from refund. Check original sanctioned plan for provision of lift shaft. In all probability plan does not include such shaft. You will get hefty sum if you approach in a proper manner.

You can approach DCC as will as Civil Court. 

1. Right to Refund – Legal Standing

Based on the facts presented, you have a strong legal claim for a refund of ₹13.44 lakh, including the ₹10 lakh paid in cash. The demolition of your allocated unit constitutes a breach of contract, and the builder is liable for a full refund with interest and compensation.

2. Issues and Legal Position

✅ Cheque Payment (₹3.44L) – Fully Recoverable

• Since you have receipts for this amount, the builder cannot deny this payment.
• This can be recovered under a consumer complaint or a civil suit for recovery.

✅ Cash Payment (₹10L) – Challenging but Recoverable

• While there is no direct receipt, you have strong circumstantial evidence:

  • 
    Bank transaction proof of ₹10L withdrawal on the same date.
  • 
    Builder’s payment plan stating 50%-50% mode, indicating cash payment was part of the agreed transaction.
  • 
    Relative’s adjacent unit purchase, confirming similar dealings.

• Courts and consumer forums accept circumstantial evidence when payments are made in cash under pressure.

✅ Demolition of Unit – Breach of Contract & Deficiency in Service

• The builder had no right to demolish your unit without consent.
• Under Consumer Protection Act, 2019, this is deficiency of service & unfair trade practice.
• You are entitled to full refund, interest, and compensation.

3. Recommended Legal Action – Step-by-Step Approach

Step 1: Final Formal Written Request (Immediate Action)

• Send a final written email to CRM demanding a timeline for refund.
• Give a 15-day deadline for response.
• If they delay or avoid response, proceed to Step 2.

Step 2: Legal Notice (Within 15 Days of No Response)

• A formal legal notice should be sent via a lawyer, demanding:

  1. 
     Full refund of ₹13.44L, including ₹10L cash.
  2. 
     Interest @18% p.a. from the date of demolition.
  3. 
     Compensation for mental agony and harassment.
  4. 
     Legal action under Consumer Protection Act, RERA, and IPC for fraud if not refunded within 15 days.

Step 3: Consumer Complaint (If No Refund Within 30 Days)

• File a consumer complaint with:

  • 
    HRERA (Haryana Real Estate Regulatory Authority) – If the project falls under RERA jurisdiction.
  • 
    Consumer Disputes Redressal Commission – For refund + damages.
  • 
    Claim to include refund, interest, and compensation for harassment.

Step 4: Criminal Complaint (If Builder Denies Cash Payment)

• If the builder completely refuses to acknowledge the ₹10L cash payment, file an FIR for:

  • Criminal Breach of Trust (Section 406 IPC)
  • Cheating (Section 420 IPC)

• This will apply pressure on the builder and may lead to an out-of-court settlement.

4. Expected Outcomes – What You Can Realistically Recover

1. 
   Full Refund + Interest (Best Case) – If the builder settles after legal notice or consumer complaint.
2. 
   Cheque Refund + Partial Cash (Likely Case) – If builder disputes cash, but court accepts circumstantial evidence.
3. 
   Cheque Refund Only (Worst Case) – If builder denies cash & court does not accept indirect evidence.

5. My Legal Advice to You

 Do not wait more than 15 days – Delay benefits the builder.
 Send a strong legal notice demanding refund, interest, and damages.
 File a consumer complaint if no resolution within 30 days.
 Consider a criminal complaint if builder denies cash payment outright.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Legal Remedies Available to You:

1. Right to Full Refund (Cash + Cheque)

   • Since your allocated unit has been demolished without your consent, you are legally entitled to a full refund.
   • The builder cannot refuse the refund by claiming delays or technical reasons.

2. Issue of Cash Payment (No Receipt)

   • While you don’t have a direct receipt for ₹10L, the following can support your claim:

     • 
       Bank withdrawal of ₹10L on the same day (Strong circumstantial evidence).
     • 
       Builder's payment plan indicating a 50%-50% payment mode (suggests you paid cash).
     • Your relative’s purchase in the same mall (possible witness testimony).
     • Builder’s internal CRM records (if retrieved later through legal action).

3. Next Steps:

   • 
     Send a Formal Written Complaint: Send an email to the builder stating your demand for a full refund with interest. Mention that legal action will be taken if no response is received within 15 days.
   • 
     Send a Legal Notice: If no response, send a legal notice demanding a full refund within 30 days, failing which you will take legal action.
   • 
     Consumer Court Case:

     • If the builder still refuses, file a complaint in RERA or the Consumer Commission (NCDRC/State Commission based on amount involved) for a full refund with interest and compensation.
     • Even if the builder denies the cash payment, the court can consider circumstantial evidence.

How Long Should You Wait Before Sending a Legal Notice?

• 
  Maximum 30 days. If the builder keeps delaying, don’t wait too long, as delays weaken your case.
• A legal notice shows you are serious and can push the builder to settle rather than face litigation.

Expected Outcome:

• The builder may offer a settlement (including some portion of cash) if pressured legally.
• If the case goes to Consumer Court, courts often rule in favor of buyers if demolition was without consent.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

You all can jointly file case against builder 

you can make case against builder for cash payment too 

You may have to concentrate on your case alone and not that you have to depend on others to gain strength to your case. 

You can add those witnesses who are aware of the transaction as witness from your side in the suit for recovery of money. 

Yes If he files affidavit being Witness same is admissible 

If you require detailed consultation kindly book an appointment.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Yes, you can strengthen your case by exploring collective legal action if other buyers are similarly affected. Courts sometimes consolidate similar complaints, allowing a class action or grouped suit that can enhance the prospects of a favorable judgment.

Even without a receipt for the cash payment, your bank withdrawal records, along with witness testimony from your broker and uncle who were present during the transaction, can be compelling evidence to show that the cash was paid.

It is advisable to send a legal notice after waiting a reasonable period—about 30 days—if the builder continues to delay. This notice should demand a full refund (covering both the cash and cheque payments) and may include a claim for compensation for breach of contract.

Consulting with a lawyer experienced in consumer disputes will help tailor the strategy to your situation and guide you on the possibility of filing a joint or class action if other affected buyers join your claim.