Builder took money and not returning

Nandini (Querist) 28 October 2016 This query is : Resolved
Hi,

We booked a plot on JUNE-2015 in Aarya Ventures(now renamed as Aadya properties) they took 1lakh Rs as booking amount after 3 months they took another 9 lakhs of amount by cheque for sale agreement after 3 months of this we are suppose to go for registration. We started calling builder sale person his name is Ganesh for Registration they kept on postponing it.Then we came to know that there is a dispute on the land and we asked details from the builders and they kept on promising that will get resolve soon..We waited till 1 year and finally we canceled the booking and asked them to refund. Till now we didn't get single rupee from them, they don't receive our call.

Please suggest me what are the ways available to get our money back.

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Rajendra K Goyal (Expert) 28 October 2016
Send registered notice for refund.

May lodge complaint with the police.

Advocate Bhartesh goyal (Expert) 28 October 2016
Issue legal notice to builder and demand paid money with interest,if builder fails to comply with the notice then you may file complaint against builder before Consumer Forum and claim your money along with compensation towards mental and physical agony .

Kumar Doab (Expert) 28 October 2016
You have given a long rope.

Probably you have not obtained legal opinion fro a very able counsel before making payment.

Act on advise of experts.

rajeev sharma (Expert) 29 October 2016
expert Mr Goyal has described right procedure beside compensation you may also claim interest from builder

Dr J C Vashista (Expert) 31 October 2016
Consult a local prudent lawyer for filing a suit for specific performance of agreement alternatively to refund double the amount paid with interest, cost of suit and mesne profits.

Rajendra K Goyal (Expert) 31 October 2016
Agree with the expert Dr J C Vashista.

Dr J C Vashista (Expert) 01 November 2016
Thank you Mr. Rajendra K Goyal for supporting my opinion.

Nandini (Querist) 02 November 2016
Many thanks for your advice but, is it mandatory to wait for 90 days after cancellation?

Because when we wanted to cancel booking as soon as when we came to know that land is under dispute but they kept us in middle. it's been only 2 months that we canceled the booking.

Regarding docs we have bill given by builder during booking(1 lakh) and bank details(9 lakhs) with sale agreement docs.
In that agreement they have written registration should be done before 3 months , after so many requests also they did not renew that document.

Are these docs are enough to go for legal action or do we need to provide any other proof.

Rajendra K Goyal (Expert) 02 November 2016
Discuss with local lawyer.

Kumar Doab (Expert) 02 November 2016
"we came to know that land is under dispute "

If it is true then; collect refund immediately.

Dr J C Vashista (Expert) 03 November 2016
Since you have already apprised the builder there is no need of notice, not to speak of 90 days. Straight away file a suit through a local lawyer.