• Refund from builder pending

I booked a flat on April 2014 in Bangalore and did the sale agreement and construction agreement but I didn't do the registration of the  flat. I paid the down payment of 12 Lakhs.  Though the builder started raising the slabs for all blocks, he didnt raise the blocks on the front block (telling reason that there is a big rock, hence the delay in raising the block). But, I still paid 3.5 lakhs.

In Feb 2016, they intimated that they are not going to build the front block and the partially raised pillar for car parking was demolished. They cited the road extension will happen and can't build the block and hence they can't build the front block .  But, came to know from my friend that BBMP hasn't approved the front block.  I didn't  like the flats and so opted for cancellation. They told that no interest will be paid and the amount will be paid in 3 months with no cancellation fee.

But, after 3 months, they did not give any money.  Finally, I was able to meet the owner of the builder after multiple promises from the employees and continuous visits to their office. The owner promised that 5 lakhs would be given in June and the remaining amount date will be told in July.  I got 5 L but the owner was not available post July.  Finally, I met him again on August after several visits to their office and he promised that the amount of 10.5 Lakhs would be settled in October 1st. 



But, his office was closed on Sep 26th and he had absconded.  His office is closed now.  I'm now not sure of how to approach this legally.

1.  Is sending legal notice is necessary, as his office is itself closed
2.  Should i need to go consumer court/civil court/ criminal court as the builder has done cheating too
3.  I'm based out of bommanahalli,  bangalore. So, needed help in getting the advocate to consult on this regard.  Can you send me the name of the advocate/phone number who i can approach to my mail id.   My email id is vimal.manivijaya@gmail.com
Asked 2 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) legal notice is not mandatory 

2) file complaint before consumer forum and seek refund with interest, litigation costs a nd compensation for mental torture undergone by you 

3) in addition you can file police complaint against builder for cheating and criminal breach of trust 

4) number of lawyers on this website from Bangalore. Contact any of them 
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
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You will have to lodge a cheating case against the builder ASAP as he is absconding. Sending a legal notice at a time when he is not available for service will only delay the process, giving him enough time to leave this city, state or even the country. 
Get in touch with an advocate either from this forum or somebody not in this forum who lives close to your locality who is aware of these matters and can help you file the criminal case against the builder at once.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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1. Sending legal notice will be futile if he has absconded. You should file a police complaint for cheating and breach of trust against him as the summons from court will not be served to him if he is untraceable. Simultaneously sue him for recovery at his last known address.

2. Search this portal for a local lawyer.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1.  Is sending legal notice is necessary, as his office is itself closed

Whether his office is closed or open, yo have to first send a legal demand notice giving an opportunity for him to make the payment or atleast to know his reply about this.
If his office is closed, the notice will be returned undelivered after which you can initiate proper legal action either through consumer forum or through police complaint for cheating and breach of trust.



2.  Should i need to go consumer court/civil court/ criminal court as the builder has done cheating too

You can aproach consumer forum because that is th fastest relief than that of the civil court and also you prefer a complaint agaisnt the builder with the local police station for cheating and breach of trust offences.



3.  I'm based out of bommanahalli,  bangalore. So, needed help in getting the advocate to consult on this regard.  Can you send me the name of the advocate/phone number who i can approach.

You have to look our for an advocate yourself, you can select one from the panel of advocates of this forum too who may satisfy your terms. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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It would be great if you can send me the lawyer details (Name / Phone)  who is adjacent to my locality.

It is a general call given to advocates, you may select one advocate hailing from your vicinity and may engage him/her as per the terms agreed mutually.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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