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sunny arora   22 May 2016

Builder cheated not refunding

Dear Experts

Request for your help and guidence to recover invested funds from builder who has cheated us and not refunding the invested ( by cheques ) money despite of commiitment to refund due to no progress of project after 4 years of time

Builder make MOU and we invested the money and paid as per schedule. There is no progress of project even after 2.5 years. With followups and discussion builder agrees to refund money and makes new settlement agreement and issues cheques for refund starting after 10 month and refund duration of 12 months with compensation

Just before the due date of first cheques, builder send notice informing the settlement agreement was made forcibly and he is making stop payment to his bank

After waiting for 4 years and trustin the builder, finally he shows his intention of not paying the refund

What is the best process and please advice, does it calls for civil, criminal, and consumer court line of action



Learning

 3 Replies

saravanan s (legal advisor)     22 May 2016

You can file a case of cheating and for recovering the money file a civil suit for recovery. Since the limitation time is three years and you have told gave him money some four years back then any proof where he accepts about taking money from you on a later time the limitation would start from that time

adv.bharat @ PUNE (Lawyer)     22 May 2016

1) It amount to cheating u/s 420 of IPC. As builder promise to return the amount and latter said that it was false agreement made under fear.

2) from his behaviour it is clear that he don't want to pay you money.

3) file case in consumer court to get compensation for the monetary losses that you face.Consult local lawyer.

Thanks

adv.raghavan (Advocate,9444674980)     22 May 2016

You can sue him under negotiable instrument act and try him for civil damages.


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