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S.M.Prasad (Chief Controller)     28 March 2015

Corpus fund

Sir, I purchased a flat and at the time of agreement the builder informed that he is collecting Rs. 10000/- as Corpus Fund to be handed over the the Association on its formation. Now the building has been completed and as association formed. We informed the builder about the formation of the association and asked him to hand over the corpus fund to the association's bank account.  He now states that he has not collected the same from any one. On being told that in the agreement he has mentioned the tile & amount he says that for those whom he has given such a agreement "by mistake" he would refund the same.

Sir, Please let me know (1) He verbally informed about the fund but not mentioned it in some of the agreements. How can that be proved? (2) Is it not mandatory for the builder to collect the corpus fund from one and all and hand over the same to the association?

With Regards,

S.M. Prasad. 



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 March 2015

Sir,

 

Send a lagal notice collectively and get your money back. It can proved by all the persons who has given the corpus find and I believe the court will trust your testimony as you all have no motive to falsely implicate the builder and you can also file a complaint of cheating against the builder. 

 

But legal notice is must initally.

 

Best Regards

Kapil Chandna Adv 

9899011450


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