• Fraud by agent in booking of flat

Sir,
1.	Haryana state has affordable housing policy 2013, in which a builder is granted some concession by government, in lieu of that he provides the flats at affordable price to customer. A draw is held in which successful allottee are selected from the applicants who have applied with fee of Rs 1000. The draw selects the 95% of allottee and rest 5% are under builder’s management Quota and they are decided by builder and their list is also presented at the time of draw.
Hence considering my rare chances I have applied under builder’s management quota in March 2015, given around two lacs rupees extra to agent through which I have booked. But as the total number of applicant was slightly higher than the total number of flats in my type of flats. Hence the agent or builder (most probably the agent) has applied my application under general open category and I was allotted a flat under draw. These draw result I have received through builder’s website. Hence I have lost my hard earned of two lacs due to my eagerness to own a flat. At the same the agent has cheated me and also put my confirm allottment at stake. How can I get my money back of two lacs. I have paid the money through cheque and I was the only person present at the time of deal. I have also recorded some mobile conversation to collect proof at later stage. Though I have not talked about this in any way to my agent.  Please guide.
2.	Also guide in this regard that presently I am living at Jalandhar. If a case is filed what may be the time period of the case. Whether it will be filed in Gurgaon only? Can I approach police or any other authority  and get back my money.
3.	Also give me the contact detail of lawyer or law firm who can take up the case , may be close associate.
Asked 9 months ago in Criminal Law from Rewari, Haryana
Religion: Hindu
1. File a police complaint immediately against the said agent for cheating you. Also file a Recovery Suit for recovery of the amount from the said Agent, 

2. You shall have to file the police complaint at the police station having jurisdiction on the area where the cause of action arose i.e. the money was taken from you. the Recovery Suit shall have to be filed at the Court having jurisdiction on the location of the flats,

3. You can google search to select your lawyer of that particular place.
Krishna Kishore Ganguly
Advocate, Kolkata
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226 Consultations
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1. You apprehended that your name will not figure in the draw and hence you applied under management quota of the builder through an agent, whereas your application was applied under and you have been allotted the flat under the general category. When you have been allotted under the open category and not management quota the amount paid by you over and above the consideration of flat under open category has to be refunded to you. Since you paid the amount through cheque you can file a suit for recovery of money with interest.

2. The case can be filed in Jalandhar if the cheque was drawn on a branch situated within Jalandhar. It may take a year to two in the court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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Either You fell criminal case or apply before consumer for recovery of money and compensation. His act constitutes deficiency in service and it can be challenged before consumer forum. Forum's procedure is very swift and affordable. You can get relief within one year
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Hence I have lost my hard earned of two lacs due to my eagerness to own a flat. At the same the agent has cheated me and also put my confirm allottment at stake. How can I get my money back of two lacs. I have paid the money through cheque?
Since you were allotted with the allotment by draw, the agent should actually refund your money.  If you have evidence to prove that you were allotted by draw only, then you may with the documentary proof of cheque given to  him, can first issue a legal notice demanding the return of your amount held by him or else you may book him under the cheating act before the local police of drag him to district consumer disputes redressal forum seeking refund as well as compensation for mental agony.



2.	Also guide in this regard that presently I am living at Jalandhar. If a case is filed what may be the time period of the case. Whether it will be filed in Gurgaon only? Can I approach police or any other authority  and get back my money.
You can file it in Gurgaon. You can even lodge a police complaint on this.
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0

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