• Possession letter not received

Dear sir 
Greetings!
I bought 100 sqyrds plot on 2013 I had made all payments through cheques I received receipt as well..plot is registered in my name..but all these thing only on paper..they did not show me even my plot place..saying that your block is yet to develop n once it will develop we will provide final latter from company..till this date saying same thing..
Now neither they are talking nor answering phone calls..even not meeting with us saying busy.. we r out.. playing blaming each other the person showed land has left the job...their office also close since long time..nobody sit there ..one tea shopkeeper says make a call they will come but playing hide n seek game from months...if I leave SMS they reply like they do not know about any deal...their main office is at Noida even , now they r also not responding...is it possibility for fraud company..I have mentioned office detail herewith

COMPANY REG NO.- 45201RJ2012PTC040419
Aarambh Real tech Developers Pvt. Ltd.
B-61, Ground floor, sector-2, Noida 201301
Near SBI Bank, pH [deleted]

Kindly suggest legal action or ways to get rid of problem..I want my plot or money back from company 

Regards 
Nitin
Asked 7 years ago in Property Law
Religion: Christian

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10 Answers

Well, this seems to be the clear case of deficiency of service, unfair trade practice and fraud.

So without wasting any time file a case in consumer forum seeking refund of money, damages and compensation.

Alternatively lodge complaint of fraud with local police station against Directors of the Company to register FIR.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. The legal recourse begins by sending a legal notice to the last known address of the builder to deliver the possession forthwith or refund the paid amount with compensation. If he refuses to accede to your demand then the only remedy will be to sue him in the consumer forum for refund or delivery of possession.

2. Furthermore, a criminal prosecution for cheating and breach of trust may also be filed against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) file complaint before consumer forum and seek orders to direct builder to deliver possession to you

2) also seek compensation from builder for mental torture undergone by you

3) also seek litigation costs

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Dear Nitin,

without further delay you need to send a legal notice to the developer on their address and claim for refund or possession of the property. Also please share where is this property.

You can get in touch with us thorough google being based in Noida we will be able to handle this for you...contact through google. fell free to call us for free consulting on the matter.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

File a complaint immediately before commissioner of police against them for cheating . For getting damages and compensation file another case before consumer court for deficiency of service.

You can verify the company details by visiting company site(MCA) http://www.mca.gov.in/mcafoportal/companyLLPMasterData.do

CIN Number always start with Alphabets So it may be

U45201RJ2012PTC040419

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

your complaint would be against the company not its directors or officers

2) you can directly file complaint before consumer forum against the company and seek reliefs as mentioned earlier in my reply

3) you can also file police complaint against company and its directors for cheating , criminal breach of trust

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

There seems to be some fraud played by the seller.

It was your fault that you did not physically see the plot before entering into purchase.

You can lodge a criminal complaint agaisnt them with the jurisdictional police for having cheated you by taking money but not provided the property and also not picking up calls or giving any answer to your calls.

This is nothing but an act of cheating and fraud played on you.

You may approach the higher police if the local police are not effective and not responding to the complaint made.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. I would like to file a complaint as you all suggested for unfair services (hiding from customers)

2. What will be the consequences, once I will file the complaint against them.

You should file the criminal complaint against the fake vendors for fraud and cheating offences.

You will come to know the consequences later on.

3. I know only marketing person who left the job, do not know about company directors, should i include his name as only he picks up the phone but no use.

You can include in your complaint whoever was in direct contact with you and also make the owner responsible for this.

4. Is it possibility of spend more money to get compensation or final letter from company.

What money and why do you spend?

5. Should I warn them first through SMS as they are not picking my phone and then file the complaint or direct file the complaint against them.

No use of warning them, lodge a complaint with the police first.

6. Should I go to nearest police thana or go to specific place ..plz Suggest

The police station shall be where the property situate.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If the company accept the amount and issued receipt then the directors would liable to answer and you can file case against them. In Civil case you get compensation ,but in criminal case they will be prosecuted by criminal law. The police station is the place where you launch the complaint first in criminal cases.If they are not charge the case you should move to criminal court by filing private complaint

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. If the FIR is lodged it may result in the arrest of the accused if they do not obtain AB.

2. Issue a legal notice, smses will not suffice.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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