• Opinion on filing a complaint on Shriram properties

Hi,

I visited one of the project of Shriram properties here in Bengalore. They had the offer of paying 36000 just as expression of interest so that you get discount later if you buy. They said that if you cancel it then it will be refunded without any questions asked. Due to personal emergency I cancelled it and I am asking for my refund from couple of months however no one responds.
Then I searched I got to know that it's same case with many in same n different projects.
Now I am planning to file an FIR ( if possible ). I would need legal advice on this. Can you please help me.
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

File fir for cheating and also you can file suit for recovery of money in either civil court or consumer court.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

if you have payment proof and if you signed the terms and conditions of agreement/documents it will subject to refund that amount which you paid. Before going to file the case you have to issued a legal notice to said company for refund the amount, if not comply the demand legal notice, thereafter you have to file civil suit for recovery of money against the said company before the jurisdictional civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) You can make a complaint with RERA office and in Consumer Forum office of your city against builder.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is my response to you:

1. Firstly send a legal notice;

2. Is there any written agreement to pay back?

3. If it is there, then it will be payable;

4. Otherwise approach police and file an FIR;

5. You must collect evidences of money paid;

6. Consult a local lawyer and start the process.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Send them a legal notice seeking your refund.

FIR will not help you in gettting a refund although this is a good option to cast indirect pressure in the endeavour to seek refund.

If the legal notice fails to help, approach RERA.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

Since many years I am seeing the Sriram Group of Companies cheating the people. If you share your documents I may help you more. You can file a police but it may not give you any result because they are having collusion with the police. It is better to approach Consumer Court, Criminal Court and Civil Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello

An fir should immediately be filed stating the events which have happened and a case must also be filed in the district consumer protection forum against the builders.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Do you have assurance in writing that your money would be refunded if you cancel the booking .?

Kindly clarify

3) it is necessary to peruse terms and conditions of allotment to advice

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi, it is rather advisable to file a complaint before RERA bench for seeking refund alongwith compensation...

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Sir file a complaint in the police station for cheating and breach of the trust though the matter is also of civil nature it would be better to file a consumer complaint asking for refund with interest and compensation for mental harassment and deficiency and malpractice along with the legal fee.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

It is known for cheating, its staff members also involves in such cases. It appears they are colluding with police. It is better to file private complaint u/s 200 CrPc before magistrate and a civil case with interim application seeking relief attachment of its properties before judgments.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

Yes you can file the FIR.

Better will be that you send them a legal notice and then file a case before the consumer forum for unfair trade practices.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Instead of filing FIR, I suggest you to issue legal notice for the refund.

2. Even after issuing legal notice, if you do not receive refund then file a case with consumer forum.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

If you have evidence for paying the amount and their refusal to return the same, you can very well lodge a criminal complaint against them for cheating and breach of trust offences.

Besides, you can even issue a legal demand notice and also drag them to consumer forum for recovery and remedy.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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