• I paid money to builder for property

Hi, 
My uncle's friend is a builder. I paid around 6.5 lac rupees through online bank transfer and 4 lac rupees cash to buy a shop from him.  Since he is my uncle's friend, I did not worry about paper work. Its been more than 1 year. He didn't handover shop to me till now and he is not ready to give my money back. 

Currently I have proof for 6.5 lac bank online transfer and promissory note for 4 lac cash. Could you suggest me how to get my money back legally. What should be my approach?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. You can file summary suit to get back your money.
2. However I would suggest you to file a case before the consumer forum to get the shop and to get a sale deed executed on this respect.
3. Case before consumer forum is more likely to see success and in more expeditious manner.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You have not mentioned as to whether or not any agreement to sell and purchase was executed. Payment of 6.5 lac made through bank transfer, how would you prove that the same was done for purchase of shop.you should serve him with a legal notice giving all the details and ask for execution of sale deed of the shop (if you want to buy shop) or ask for return of money paid by you with interest.If he does not do the needful,file suit for specific performance or for recovery of money.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. Verbal agreement is also a very much valid agreement and written agreement is not mandatory to enforce an agreement.
2. However if you want now your money back only then file a a summary suit.

Meet a local lawyer.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You can issue a legal notice and file a suit for recovery of the amount by showing bank transfer as proof.ger a copy of the same. File a cheating case both civil and criminal. Try to get a registered agreement if you can or a writing in stamp paper that he received this amount
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, when there is no agreement it is better issue legal notice for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you have mentioned that you paid Rs 6.50  lakhs by online bank transfer and Rs 4 lakhs by cash  for purchase of shop 

2) you have no documentary evidence to prove that sum of Rs 6.5 lakhs was advanced for purchase of shop 

3)i do hope that in your income tax returns you have declared that sum of Rs 4 lakhs was paid to builder   for purchase of shop . 

4) you can file summary suit to recover sum of Rs 10.5 lakhs . before you take legal proceedings better contact a local lawyer and try to close all loopholes in your case .

5) since in summary suit it is summary  procedure under Order XXXVII of CPC   you have to make out a water tight case to get reliefs sought by you
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1. Documentarily you have a very weak standing about the specific purpose for which you have paid the money  to him,

2. So, you shall have to file a summary suit for getting back the money after collecting whatever evidence you can gather,

3. Make sure, you can show your resorces for advancing so much of amount and also that you have discloed your said payment in your I.T. return otherwise the suit might bounce back,

4. Engage a local lawyer having experstise in the field.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
A. Issue legal notice against him by narrating all facts and call for execution of Sale in respect of the Shop.

B. Thereafter, you can approach the court to conduct summary proceedings against him for the recovery of money (Suit for recovery of money) with cost and interest towards the Rs. 6.5 Lakh and 4 Lakh by presenting online transaction records and promissory note.

C. Since he is your uncle's friend,try to settle the matter by amicable settlement.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
Hello,
Since you do not have a specific agreement to rely on you need to exercise extreme care care to build your case.
First of all engage a lawyer locally and get a notice issued demanding specific performance which is getting the shop registered in your name or return of your money with interest.
If he fails to comply with the demand in stipulated time you can file a summary suit for recovry of the exact amount of money.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi,
 To recover your money send a legal notice and based on the notice& reply file a summary suit for recovery and have a proof ready with to show the source of  money given to him. it depends on the lawyer to make it as a case and admit it. Once the suit is filed you should initiate a settlement. See if you can get your relatives as witnesses
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
First of all a consumer complaint is not maintainable as the shop is a commercial activity. You have option to go far a suit for recovery of money along with damages for breach of contract. Alternatively you can sue for specific performance of contract .
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
A recovery of money suit would be your better alternative in this juncture. A file a suit in this regard after the expiry of notice period and you are entitled to get the principal amount as well as interest on actual amount.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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