• Builder not returning deposit money

I bought a flat in a SRA project in Mumbai 5 years ago. I paid the builder 35 % deposit, 2 cheques and some cash as demanded by him. I have receipts for the cheque payments which 20% of deposit. The project kept getting delayed. The builder said that he was trying to get permissions for the work to start. He got all the permissions by 2012. The work started in 2013. The work was very slow. Then his partner died. After his death the builder had issues with his children. Last year in december he told me that he is leaving the project. Since I only knew him in the project I decided to leave as well. I immediately communicated by wiah to him. He assured me that i will get my deposit money plus 15% interest. Now its been 6 months and i havent received the money. First he was answering my calls and giving me assurance. He gave many dates but nothing materlised. 
I have given POA to my father. He has sent the builder notice by post. He has returned the notice. 
What are my options to get the money? This is my hard earned money? Please advise.
Asked 9 months ago in Property Law from United Kingdom
Religion: Hindu
Issue a lawyer's notice to him forthwith to seek refund of your deposit with interest, and if he does not accede to your demand then file a suit for recovery against him to claim the refund with interest as agreed and also compensation for mental agony. 
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
You have all the rights to get back your money.
However since the developer is avoiding making such payments you have to file a case beofre the consumer forum.
In the consumer forum you will get refund as well as compensation and damages.
Devajyoti Barman
Advocate, Kolkata
6906 Answers
78 Consultations
4.9 on 5.0
If the builder has not responded properly, he may be issued with a legal notice through a lawyer communicating your decision to cancel the booking in view of the inordinate delay and virtual standstill of the project, demanding the return of the advance money collected with the interest at the rate applicable, let the legal notice be returned undelivered, you may process further legal action by dragging him to civil court for recovery and to the consumer forum for compensation due to deficiency in service and mental agony.
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
1) file complaint against builder for deficiency in service before consumer forum and seek refund of money paid by you with interest 

2) also seek litigation costs and compensation for mental torture undergone by you 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
1) criminal cases go on for years 

2) consumer forum is fastest remedy . Takes around 2 years 

3) police complaint can be used to presssuries builder to settle 
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
Yes you can even lodge a criminal complaint with police but you should think about the hidden fact that how it will be effective with the given corrupt system and officials in the khaki dress.They will take money from both the sides and may not do any favor to anyone, so at one stage it will go to trash.
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
A criminal case is not made out.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
1. Ask your father being your POA holder to lodge a police complaint against him for cheating you by acceptingf money but refusing to vomplete the project,

2. If police does not take any action, file a Writ Petition before the High bCourt against police inaction praying for justice,

3. After that 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 by you with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
13581 Answers
291 Consultations
5.0 on 5.0
1. Police FIR will force send the builder to jail  for which he may to agree to settle the dispute with you,

2. The consumer case will claim the amount from him.
Krishna Kishore Ganguly
Advocate, Kolkata
13581 Answers
291 Consultations
5.0 on 5.0
Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
13581 Answers
291 Consultations
5.0 on 5.0

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