Real Estate Fraud and Forfeiture Help
I am seeking urgent legal advice regarding financial exploitation and deficiency of service by a real estate developer. Due to severe health and financial setbacks, I am facing corporate arm-twisting and need to understand my remedies under RERA / Consumer Protection laws. 1. Case History: The Forced Swap & Unpaid Returns July 2018: Booked an office unit (Project A) and paid ₹1,480,290 /-. The BBA guaranteed a monthly Assured Return of ₹11,638/-. March 2020: The developer abruptly stopped paying all assured returns. Early 2020: My business collapsed due to the pandemic, and I developed a severe cervical spine issue. I formally requested the sales representative to surrender and refund my units. April 2022 – August 2024 (40 Months): Instead of a refund, the representative took my original papers and collected an extra ₹4,75,000/- (Cash/UPI) to shift my funds. The developer kept my entire capital in a "dummy unit" for 40 months without paying any interest or returns. August 2024: They finally forced a swap into a smaller retail unit (Project B). However, they wiped out all accumulated returns from 2021–2024, and have failed to pay the new promised monthly return of ₹13,492/- to date. 2. Case History: The Co-Working Space Trap (2020–Present)February 2020: Separately booked 3 co-working units with the same developer, paying ₹6,03,188/-. No returns were applicable. August 2024: Alongside the Project B swap, I officially emailed their CRM team to cancel and surrender these 3 units due to financial strain. The CRM team agreed to a 15% deduction but intentionally delayed the process for over a year. Now, claiming the project has entered the "possession phase," they refuse to refund anything. Instead, they are sending legal notices demanding outstanding dues with heavy interest Summary of Claims:Total Funds Deposited: ₹25,60,378/- Total Period of Unpaid Returns/Interest: 68 Months My Specific Legal Questions:Contract Separation: Can the developer legally block my fully-paid Project B returns just because I cannot pay the installments for the separate co-working space contract? Pre-Possession Surrender: Since I requested the cancellation in August 2024—well before the possession phase—can they legally force possession or forfeit my money? Illegal Forfeiture Rate: Can they legally calculate a 15% forfeiture on the total property value rather than the actual deposited amount, especially when the delay was caused by their own CRM stalling? Best Forum: Should I file Form M with UP-RERA for a full refund with interest under Section 18, or approach the Consumer Forum for mental harassment and deficiency of service?I have all email trails, bank statements, and signed BBAs ready for your review. i have lost faith in builder and want to get out from all 4 projects pls advice me. Best regards,
Share on
×