I paid 13.44 lakhs ..10L in cash with no receipt and rest in cheque for commercial shop in gurgaon . Now after 2 years i got to know that my allocated unit is demolished because hotel in middle of that mall wanted to use that space for lift . Of course some more units on multiple floors got demolished . Builder demanded cash initially so i was compelled to pay cash . I have receipts for only 3.44 lakhs. I have requested my refund but seems builder is delaying/avoiding my calls and mails but CRM is saying it will take time . Am i in some position to get my money cash+cheque or is there a way out? CRM is thr only contact i have and i am at his.mercy of any communication . Please advise .
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If they are not communicating with you, You can proceed by sending a legal notice to them, where you can get them to admit the receipt of cash amount as well. Without any admission on their part or any evidence of you giving them cash, it will be difficult To prove the cash part.
If they also do not adhere to the legal notice, You will have to proceed to court against them Under civil and criminal law.
Thanks . I think they will not admit deliberately At the same time my relative also bought adjacent unit in same mall but his unit was saved . I have transaction of 10lakh withdraw on same day and payment plan provided to me by builder quotation which says 50% 50% payment plan which indicates that 50% payment is made . I dont think at this stage builder will agree to provide receipt of 10lakh .if i send legal notice am i only entitled to get my cheque payment back and lose cash refund all together? How much time is advisable to wait before sending legal notice ?
You can also claim the cash amount in the legal notice. It is advisable to send the legal notice on priority basis. You can also approach civil Court and take stay on the construction on the basis of demolition of your booked unit.
If there is no receipt then you will need a witness or you need to examine yourself. No other way
You have no evidence of payment of Rs 10 lakhs in cash
no receipt issued by builder
3) you can file complaint against builder before the consumer forum and seek refund of ₹13 lakhs paid by you
4) in alternative seek orders to direct builder to provide you alternative commercial shop
in the legal notice, you can mention that the builders insistence you had paid 10 lakhs in cash and balance amount by cheque
engage a local lawyer for filing complaint before the consumer forum
It was your mistake not to have a receipt for the cash transaction.
Now to get the refund it may be a herculean task to prove the same in the case he refused to admit the said cash transaction.
In any event first send him a legal notice and then lodge a complaint of Police for cheating.
It would be goodwill if builder uf ge admits cash payment otherwise you can legally be entitled to recover paid money against which you have valid receipt. Insist for unit instead of money.
You first send a legal notice communicating your knowledge about the demolition of the unit you are allotted for purchase and inform the builder that since there's no point in waiting anymore, he should return the total amount he received towards the advance for sale consideration amount within seven days failing which you can inform that you will proceed legally against him for recovery through court process.
If you don't get any response then you can proceed legally as suggested.
You mention the whole amount that you you paid by clearly mentioning the cash portion and cheque portion.
The builder cannot deny the receipt.
The evidences in your possession should be able to come to your rescue at this stage.
You don't wait any longer and issue the legal notice immediately.
You will get the full refund including cash with interest. There are ways to establish payment of cash like…
Ascertain whether building plan comprised shaft for lift. Party demolishing your property is also to payment compensation apart from refund. Check original sanctioned plan for provision of lift shaft. In all probability plan does not include such shaft. You will get hefty sum if you approach in a proper manner.
You can approach DCC as will as Civil Court.
