Sirs In month of April 2017, a builder promised me that his commercial shop will be ready to use by 1st June 2017. I was new in property dealing, I broke few FD and paid Rs. 30,00,000 to the builder without signing any written agreement. I have got only “paid receipts” from the builder as documentary evidence. I again visited the facility several times after payment and later forecasted that shop would not be ready by 1st June 2017. After forecasting that shop would not be ready by 1st June 2017, I told builder on 15 May 2017 to refund my money as I am not interested in his shop. He did not refund. Instead he told me to sign on refund agreement. The refund agreement was signed on 3 July 2017. He got occupancy certificate from Municipal Council in November 2017. The extract/main clauses of agreement are as below, 1. Builder will refund the amount to me within 6 month after deducting administration fee of Rs. 40,000.00 2. If builder fail to refund in six month time, he will refund the amount to me with simple interest of 7.5% till the date of realization. The refund agreement will complete 6 months time on 3 January 2018. Builder is not in position to refund the said amount. He is negotiate with me to refund only 1,50,000 Action I am going to take. I want to issue legal notice to him with following clauses. 1. Refund agreement is completing 6 months on 3rd January 2018. You are given additional 7 days from 3rd January 2018 to refund the sums – if you fail to before 10 Jan 2018, a. You will have to pay me an additional interest of 21% on the total sum of Rs. 30,00,000 b. Besides you will pay simple interest of 7.5% as agreed in refund agreement. 2. As my funds are stuck with you, I could not start business and it has incurred losses to me. Loss is Rs. 23,333/day. After 10 Jan 2018, you shall pay Rs. 23,333/day till the completion of refund. 3. I am jobless from the date my funds are stuck with you. After 10 Jan 2018, you will pay compensation of Rs. 15,000/day. 4. Compensation of Rs. 15,00,000 for the mental torture and pain suffered by me. 5. All the litigation expenses will be charged to you. 6. Payment in the part will not be accepted by me. Note After 6 months, agreement has no mention date to refund of money. 1. Sale deed or agreement to purchase is not signed in this case. 2. This ambition of mine is a part of Make in India to train technical jobseekers to make their future to earn for them and make their families. Q I. Can I put above clauses in legal notice? II. Which of the above clauses I should not put in the legal notice? III. According to your professional practicing experience, what are the other clauses which you think will be most appropriate to recover my hard earned money? IV. Please write if you like to guide me.
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1) it is necessary to peruse agreement signed by you with builder to advice
2) under refund agreement if builder fails to refund your Rs 30 lakhs you can sue the builder to recover Rs 30 lakhs with interest at 7.5 per cent
3) you cannot recover additional interest at 21 per cent
4) you can claim damages if you have suffered loss .
5) you will have to prove damages suffered by you
6) claim costs from builder
1. Very difficult it is in a matter of this nature to say anything without a perusal of the agreement that you are relying on. Be that as it may, nothing stops you from filing a civil suit for recovery of money against him in the competent civil court to recover the principal with damages.
2. Consult a lawyer with a copy of agreement.
I to III. If the matter goes to Court, the Judge might ask you why did you pay the said huge amount with out signing any agreement for sale? Even thereafter, why did you sign the said peculiar refund agreement? Clauses/Terms etc are to be put in agreements to be signed and not in legal notice which is issued claiming action based on the executed agreement.
IV. You shall have to lodge a police complaint against him for cheating you by Rs.30 lakhs and thereafter forcibly and deceptively getting signed one one sided Refund Agreement for legally escaping his repayment liability.
V. If police fails to take any action against him, file a Writ Petition against police inaction seeking relief and justice.
VI. Also file a Money Suit claiming recovery of the said amount paid by you with interest, damage and cost.
The clauses as jotted doen by you are correct, just that the same have to be written down in more legal language.
Also you may discuss with a lawyer in detail to discuss as to what all clauses can be added.
Let me know if I can be of some help.
Regards
Dear Adv. Anilesh, Please give me your contact details or you can contact me at [deleted], [deleted] Dear Adv. Krishna, I was new in property buying and was not aware about all these agreements. My mistake was that I did not contact any lawyers even to review property documents, and builder might have judged me and took benefits of lack of knowledge. All these things I learnt at later stage.
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Reply to feedback:
Legal notice will drafted by the lawyer on your instructions and you will not draft and send a legal notice.
Thanks
1) You should obtain in writing from builder that if he fails to refund your money by January 2018 he would be liable to pay interest at 12 per cent per annum
2) You can then file complaint before consumer forum and seek refund with interest , claim litigation costs and compensation for mental torture undergone by you
3) contact details of Lawyer can be obtained from the website
No idea.
Q
I. Can I put above clauses in legal notice?
You can very well mention all your demands in the legal demand notice because it is a reflection of your disappointments as well as your grievances. There is no illegality in it.
II. Which of the above clauses I should not put in the legal notice?
You can demand all of them, it is for the builder to refuse them based on the facts and circumstances.
III. According to your professional practicing experience, what are the other clauses which you think will be most appropriate to recover my hard earned money?
The conditions what you have made in the notice are nothing but your own decision hence to give a legal shape to it, you can depend on your Advocate's opinion when you are likely to file a recovery suit or consumer case.
IV. Please write if you like to guide me.
It would be better you approach consumer forum for a quicker relief.
