Amount given to builder before 3 years for office
1.I have paid to a builder some 38 months back. I have booked an office on 1st floor. The building was under construction. The construction is stopped and i am now fed up with the false promises from the builder (directors of the pvt ltd firm) from last more than 2 years. The builder is now even not responding to my phone calls. I have only the original acknowledgement receipts and bank statement, brochure of the proposed site.
Now as i am also suffering from phobia (anxiety disorders). i want to get my hard earned money of rs 175000/- back with interest and also a strict punishment for such directors so that no further innocent people can be made fool and cheated with hard earned money.
Also my immediate worry is as 3 years have passed after my initial payment of rs 175000 so i cannot file civil suite. Kindly assist.
anticipating an urgent reply.
Asked in Property Law from Rajsamand, Rajasthan
The construction was, according to you, stopped only 2 years back, in which event you are not hit by 3 year time limit. The remedy to file a lawsuit against builder to seek recovery of paid amount with compensation for delay in delivery of possession is still open to you. The original acknowledgment receipts along with statement of accounts is sufficient for you to stand on your feet in the court.
1) you can file complaint before consumer forum against builder and seek orders to direct builder to complete construction within stipulated period and to enter into regd sale deed with you . mention that you needed office for personal use
2) in alternative seek refund of Rs 1.75 lakhs paid by you with interest . also seek compensation for mental torture undergone by you
3) your claim is not barred by limitation as it is a continuing offence .
You can very file case against he builder.
File a case in consumer forum agaisnt the builder seeking refund of the said amount andcomoensation for delay arising out it.
Even after passing of 3 years you can file such case.
1. Send him a letter by speed post demanding back your paid amount with interest within next 10 days,
2. If he fails, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the entire amount paid with interest, damage for the anxiety and cost,
3. Engage a local lawyer having expertise in this field.
1) It is pertinent to know if you have any Agreement in place that you signed at the time of paying Rs. 1.75 lacs as a booking amount. If there is no such agreement you will have to rely solely on the original acknowledgement receipts and bank statement to prove the transaction.
2) You need o send a legal notice to the builder/directors of the pvt ltd firm demanding the return of the sum with interest immediately. If the builder fails to comply with the request you will have to file a civil suit for recovery.
3) There are ways to get any delay in filing the suit condoned by the court. The court needs to be convinced of the genuineness of complaint and all would be fine.
You first send a legal notice to the builder stating that you are cancelling your booking and ask him to refund the amount. You can state the reason that the builder failed to keep up his promise to handover completed premises for canceling the booking.
After that you can file a money recovery suit because it comes within limitation then.