Respected Sir; A reputed builder is still in denial mode to refund my advance booking amount. Like me there are more than hundreds people who has invested average Rs. 8.25 Lakh in a building project in year 2012. Even after 4 years this project could not launch but this builder is not willing to refund payment. I got allotment latter saying that he fails to launch project he would refund 100% payment along with interest. I am following this builder since last one year to get our refund but he got money to make building at different locations but dont have money to refund our payment. Though i approached local police but they just noted my statement and nothing could happen. I just want to know if there is any fraud our cheating case which can be filed against this builder. Waiting for a positive reply.
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1) you can file police complaint under section 406 , 420 of IPC for criminal breach of trust , cheating against builder for his refusal to refund your advance payment
2) you can also file complaint before consumer forum and seek refund with interest , litigation costs , comepnsation for mental torture under gone by you
3) contact a local lawyer
You are wasting your time by following up with him and going to police. Police has no authority of law to intervene as this dispute is entirely civil in nature. You should serve a lawyer's notice to the builder to seek the refund of the amount, and if this also proves futile then sue him for recovery with compensation in the consumer forum as this is a case of deficiency in service.
1.This is very much common nowadays with the builders and you are new victim of their high handedness.
2.However nothing to worry as keeping this menace in mind the Central Govt. has brought the Consumer protection Act for relief of consumers like you.
3. So send them one final notice in writing and then file a case beofre the Forum wherein you will not only get refund but damages and compensation as well out of this delay and harassment.
1. don't involve in criminal case because burden will shift upon you to collect all the evidence regarding cheating. it will take many years to decide. it may cause great frustration and harassment.
2. adequate remedy is available in consumer protection act. you'll get money back with interest and also the court can impose fine upon the builder for inordinate delay.
You can approach magistrate court with a petition under section 156(3) cr.p.c. seeking direction to initiate proper legal action on your complaint against the builder for the offences of cheating and breach of trust etc.
You can issue legal notice to the builder informing him that you are terminating the sale agreement due to the reasons you rely upon and demand the refund of the booking amount in full with interest from the date of booking.
You can file a case before the consumer court seeking refund and also compensation for his deficiency in service.
