Delay in return of money by Developer
I paid Rs. 7.25 Lakh through cheque for purchase of a plot having value Rs. 15 Lakh from a developer, Devraj Homes Pvt. Ltd. Ranchi. An agreement was signed by me and developer on 30-06-2014 after initial payment of Rs. 3.75 Lakhs and subsequently in july-14, I paid Rs. 2.50 Lakh. As per agreement, the plot is under the possession of developer and I may make boundary in the plot. During boundary making, the developer disclosed that the part of land is not under his possession and will be taken during few months. Due to this, boundary remained incomplete from two sides when the boundary job was started in Sept-2014. The agreement do not mention the period of validity of agreement.
Developer kept on promising that he will clear the land and I may do boundary and may get it registered upon paying rest of the amount. I waited till Aug-15 and then gave option to the developer to make registry for the part land which is under their possession or make me refund. They didn't agreed for the registry of part land. Subsequently, they gave me four undated cheque amounting Rs. 7.25 Lakh on 16-10-2015 citing I should deposit it at the date as per their instruction. No instruction was given by developer, hence wrote the date 08-12-2015 on all cheques and deposited it on 09-12-2015. All cheque bounced due to insufficient balance in the account of developer. Again deposited in Jan-16 which bounced for same reason. I gave a written complaint to police. Police didn't took FIR instead agreed to negotiate. I and developer was called on 30-01-2016 where party agreed to pay all amount on 05-02-2016. Developer gave it in writing on plain paper of which xerox was provided to me by police. On 05-02-2016, developer returned me Rs. 4 Lakh ( one lakh cash and 3 lakh by another cheque) with a promise to return rest amount within one month. I gave the police in writing that i received 4 lakhs and rest was promised to be paid by developer within one month. Developer also signed the receiving and original was kept by police and xerox provided to me. Subsequently, I got Rs. 1 Lakhs through cheque on 12-March-2016 with a promise to return rest within one month. Till this period, all the cheques amounting Rs. 7.25 lakh issued by developer got expired on 08-03-2016.On 16-April-16, developer issued a cheque of Rs. 1 Lakh which bounced for reason of insufficient balance. The same was informed to the developer and police.
In this way, developer has not refunded me Rs. 2.25 lakh out of which cheque of Rs. 1 lakh is with me which last bounced on 19-04-2016 and is valid till 15-07-2016. Local police is not taking any action now and probably being get benefited by developer. I called police several times and also gave further written complaint to police/e-samadhan portal of jharkhand police. Also contacted with developer, but no action was taken except promises.
What action i should take in this scenario to get me refund?
Asked 1 year ago in Criminal Law from Ramgarh, Jharkhand
1) you can file complaint against developer before consumer forum and seek refund of Rs 2.25 lakhs with interest
2) also seek litigation costs and compensation for mental torture undergone by you
3) if police not registering FIR file pvt compliant before magistrate of cheating , criminal breach of trust against developer under section 406, 420 of IPC
Since the developer has to return you the said amount and he has faulted the payment by bouncing the cheque, you may first issue a cheque bounce case legal notice and then initiate both cheque bounce case as well as civil money recovery suit also.
The police after a certain stage may become unreliable hence you may not get justice through police hence better approach court of law for relief and remedy.
Hi, As and when the cheque is bounced you have to initiate proceeding under section 138 of Negotiable Instrument Act but you have not taken any steps for that.
2. So you have no other options you have to file Civil Suit before the Court for recovery of the amount based on the cheque.
3. You can also lodge complaint before the Consumer forum against builder for deficiency of services.
Police does not have any role to play in this as no provision of penal law has been breached. The remedy for you is to initiate a criminal prosecution for cheque bounce in the court after issue of a demand notice in this regard. This apart, a case for recovery of amount should be filed against him in the consumer forum.