I had brought a property in Virar about 3years ago in the year 2013 I had paid the 20 percent booking amount which is Rs 3,40,000 in cheque and 1,20, 000 in cash as per the builder demanded. The builder ajay whom I gave these amount to was in a joint partner ship with sunil another builder and after few years from the date I paid them the booking amount there was a conflict between them and they were no longer partners however when I had the paid the amount in cheque in the name of Taurus builders ajay had given me a receipt for the amount paid the receipt was for Rs 240000 and the remaining amount of Rs 120000 payment was made by cash the receipt was given fr 30000 out of 120000. In the 3 year's he didn't give me any agreement document s or any other things except the receipt since he said there has been a delay in registration process hence it would take More time to provide the documents. Last year 2015 during the festival of diwali ajay had asked for An amount of rs 130000 to be transfered in his wife's account he said he requires the amount for registration and he would be doing it next month I transfered the amount to his wife account but after transferring he said that there has been a delay again and the registration will take some Time. This year in April I called him again to confirm the status his phone was not available I called his brother vinayak who is one of the builder who was not in picture but he was heading this project and he was the one who has signed on the receipt as the authorized person for payment received I asked where ajay had gone, first he said that he has gone out of station after few days I called him again he said ajay is in jail and he asked said that the building in which I had invested it belongs to Sunil and ajay is no longer the partner so he asked me to call sunil which I did after having a long conversation with sunil and getting his number from vinayak sunil said he is the builder of that building but since he dint receive any money at the start from me he cancelled the booking at the start it self and he has not received any amount from My end when I went back to vinayak about this he said the bearer cheque was in the name of Taurus builders and Taurus builders is handled by sunil. Now after a discussion vinayak has asked me to wait until ajay gets a bail and after that every thing would be sorted. Please LetMeKnow what needs to be done in this scenario I would prefer getting my money back. L instead of waiting.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1) you have to cancel your booking and seek refund from taurus builders
2) you have to mention that although booking was done in 2011 and Rs 4,60,000 paid no sale deed has been executed nor any construction done on the site .
3) if the builders fail to pay move consumer forum against builder and seek refund with interest .
4) also seek compensation for mental torture undergone by you
5) in said complaint make partnership firm , sunil , ajay as parties
You acted in a casual manner, firstly by paying advance without getting a copy of the agreement and secondly by remitting money to the account of builder's wife. Nobody knows when he would come out on bail, so the best remedy for you is to cancel the agreement through a legal notice and demand the refund of the amount paid so far. If the builder does not oblige, which is most likely, a suit for recovery along with criminal complaint for cheating can be filed against him.
you have paid that money in order to discharge of your liability. you have evidence to prove it. now the question is that whether that amount was paid to the right person, so you have to prove that at the time of payment he was acting as appropriate authority to receive amount. this evidence will establish your case and it is no matter that partnership was broken at later stage. you should file a criminal and civil case against firm for committing cheating, forgery, personification and recovery of money paid by you.
This is how the things will take a turn or shape.
You have been cheated by the fraud played by Ajay who had cheated Suni too or maybe both are competing each other to cheat more and more customers like you.
First of issue a legal notice to Taurus builders stating that since there is no progress ever since you paid the advance amount, you are cancelling the booking and ask them to refund the entire amount (including what you have given by cash and to Ajay) with interest.
After that you may initiate cases against the present owner Sunil in both civil as well as criminal laws for recovery of amount and for cheating offences including breach of trust and other offences.
Consult a local lawyer and proceed as per his further advise.