Builder is not giving back advance money after cancellation

5 years ago

I had booked one property 3 years back by paying 11 lck advance, however due to certain reason i had to cancel the booking as builder was not providing the things which we agreed at the time of booking. after that we tried to find ways to get back our money from last 3 years, he has given us only 2 lck and 9 lck is still pending with him, He has given us 2 cheques 1 year back which were bounced.

Please help me and let me know how to go ahead legally to recover amount, we have wasted so much money in going back in his office.

Regards,
Mradul Verma

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly issue legal notice through lawyer .If they deny then file case under sec 138 of NIA and file criminal case of criminal breach of trust

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ARPIT BATRA

Responded 5 years ago

A.Try filing a Case u/s 138 NI Act to see the reaction of authorities. If not passed, consider contacting a competent lawyer. Regards

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ROBERT D ROZARIO

Responded 5 years ago

A.File a civil suit for recovery of money. Alternatively lodge a complaint with RERA against the builder for the refund of the advance money. Cheque validity period is for three months. Since you did not initiated a legal proceeding u/s 138 NI Act at that time, now it is barred under the Limitation Act and not maintainable.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Plaint will be prepared on the basis of the Agreement you had signed with the Builder/Real Estate Company.
Secondly, you can file a case for cheque bounce.
Find out a Lawyer who has specialised Real Estate related Laws in your District/City.Alternatively, ask Vidhikarya to provide one from their Panel,
Shanti Ranjan Behera,Advocate

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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you should go to the privious answer

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