• Builder is not refunding money

Dear Sir , 

I booked one flat in kolkata near city centre 2 from one of the builder in 2013 october and after booking i have the agrrement with builder and payed around 9 lakhs , As per the agreement it was mentioned that if builder does not deliver the flat within 2.5 years after agreement , they will pay the penalty of 12% interest of 9 lakhs. But after completing 2.5 years i went on there 2016 april and came to know that the from neighbor of that complex that the land owner has the problem with builder and the the construction is stopped now.

Then i have communicated with my builder and told them as per the agreement you are not delivering my flat so please refund my money with interest. They agreed verbally on that time and harassed me couple of times then on month of july,2016 they finally give me a post dated cheque of 8 lakhs for dated on 5th August,2016. On 5th august,2016 i have submit the cheque and it was bounced back. Then i have communicated with them but they are telling me different story like we will refund your money through RTGS so please provide me one cancelled cheque.

Sir my earnest request can you please suggest/advise me the way how can refund my money ? What should i do now ? and How many times it will take to refund my money.

Thanks in advance.

Regards,
Rajib
Asked 4 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) builder is bound to refund your money with interest at 12% pa 

2) if builder cheque has bounced you can file complaint before consumer forum and seek
 refund with interest , litigation costs, compensation for mental torture undergone by you 

3) you can also file complaint of cheating , criminal breach of trust against builder

4) also file cheque bouncing case on account of dishonour of cheque 

5) disposal of case depends upon pendency of court cases . 

Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
wait for a week . see whether money is transferred into your account 

if  full payment is not made within a month or so then move consumer forum against builder 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1.  You have been grossly cheated by the builder,

2. Do not return the dishonoured cheque to the builder,

3. File a cheque bounce case immediately against the builder, if it has not already been done. It may be late,

4. Lodge a police complaint against the builder for cheating you,

5. Lastly and most importantly, lodge a complaint case before the local District Consumer Dispute  Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the paid amount with agreed rate of interest there upon, damage for causing loss and cost,

6. It is a very favourable case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. The builder is killing time so that you cross the time limit fixed for filing cheque bouncing case,

2. File the cheque bouncing case u/s135 of N.I. Act and then file all other cases as suggested in my earlier post,

3. You are eligible to get the interest, damage and cost as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
You have to approach the consumer forum against the builder by stating all facts by way of complaint. the cases like this nature will treated very seriously. the procedure before the consumer court is very simple and you can also directly appear before by written compliant.  you will get refund the amount, apart from penalty, interest and whatsoever the amount you spend. you will also get compensation for agony and harassment mated to you by offering you a disputed and uncleared title land. 
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
Sir my earnest request can you please suggest/advise me the way how can refund my money ? What should i do now ? and How many times it will take to refund my money.

You should first issue a legal notice to the builder demanding your booking amount with interest mentioning the orally agreed incidences and the bouncing of cheque issue for the part amount etc, 

Wait for his reply and then initiate  a cheque bounce case for this 8 lakhs and a money recovery suit for the entire booking amount along with its interest as was agreed upon in the sale agreement.

Alternately you can file a case before the consumer forum too seeking the relief and compensation to for this owing the mental agony you suffered
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
They are saying they will transfer money through RTGS part by part but not did yet when i called him he is telling from tomorrow onwards i will start transfer money 2 lakhs by alternate day. So sir should i accept this ? I mean if they will give 1st payment and then hold for long at that time should i complaint or file a case against builder ? 




If you suspect the credibility  of the builder you may not agree to the arrangement.

You may ask them to transfer at least 50% at one stroke and balance 50%  on the instalments of your convenience. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Issue a lawyer's notice to the builder to refund the money with the agreed interest, and if he does not oblige then fo to consumer forum to file a complaint case for refund of money. You have an even potent remedy i.e to file a criminal prosecution for cheque bounce against him as the cheque issued by him has been dishonoured due to insufficiency of funds in his account, which carries an imprisonment of up to 2 years on conviction. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Do not forfeit your criminal law remedy. Issue the mandatory demand notice, which is to be issued within 30 days from the date of bounce of cheque,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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