Builder promised(agreement of sale) me to construct house and no progress
I have given an amount of Rs 4,00,000 to a builder. He promised me that he will build an independent house through an agreement of sale with total sale value of house(Land + Construction) of Rs .33,00,000.
In the agreement of sale he mentioned that he is the Land owner and Developer.The builder does not own the land, but he had only marketing rights agreement over the land(expired now). He gave me an agreement of sale on his name assuming that he will eventually get the land ownership.
After few months the land owner did not allow him to takeover the land ownership and my money was misused by the builder without handing over to the land owner. The agreement of sale does not contain any reference to Land owner. The builder has gone underground and the land owner is saying that he did not receive any of my amount.
This is a clear case of cheating and my agreement of sale doesn't seem of any legal value as the builder is not the land owner. But what is the fastest way to get my money back?
Can I approach the consumer court as this is a clear violation of agreement of sale on part of the builder? Can my agreement of sale be used as a documentary proof?The agreement of sale will expire in few months, my money is nowhere to be accounted for as it was misused.
Please suggest the best course of action as I want my money back.