Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ritesh Panchal   25 March 2017

Recovery of amount against not given possession

We've paid some of amount to buy a home in under construction project at Panvel, Maharashtra during 2012. In 2015 case was suited in consumer court when developer & landlord denied possession. Actually they didn't construct building against our invested amount. Even consumer court also didn't pass any judgement till now. We expect at least our principal amount to be recovered. It's noticed that developer is now bankruptcy by enjoying with our money in socially unfair activities such as ladies bar, casino, etc. How to get this case judged strictly in appropriate way ? Please advise us.


Learning

 5 Replies


(Guest)
Originally posted by : Ritesh Panchal
We've paid some of amount to buy a home in under construction project at Panvel, Maharashtra during 2012. In 2015 case was suited in consumer court when developer & landlord denied possession. Actually they didn't construct building against our invested amount.
Even consumer court also didn't pass any judgement till now.
We expect at least our principal amount to be recovered.
It's noticed that developer is now bankruptcy by enjoying with our money in socially unfair activities such as ladies bar, casino, etc.
How to get this case judged strictly in appropriate way ?
Please advise us.


You wanted suggestion hence you chose this forum seeking solution to your problem. However, you seem to have already approached court seeking remedy, now what is that makes you repeat the story here and seeking suggestions for the same problem? You may wait for the outcome of the case and then revert for more suggestions in case the case is not decided in your favor. The case will be decided on basis of merits.

Nitish Banka (lawyer)     25 March 2017

consumer court remedy is the best remedy as of now, if you have any evidence of fraud there are many judgements of cheating by builders then you may register an FIR.

Nitish Banka

Advocate Supreme Court

Ritesh Panchal   28 March 2017

Dear Sir/Madam, It's regret to inform you that, consumer court doesn't update case status & history on portal. I had personally meet to officers of consumer court on 27/12/2016. They told me that final order has been passed but some work is pending on this order and order will be posted to address within 15 days. Till now any order was not received.

Ritesh Panchal   28 March 2017

Dear Nitish Sir, Thanks for your reply. FIR has already been registered in Khandeshwar police station but they pass on responsibility to consumer court. Mr.Pravin Patel (Developer) was in custody for some days but after that he got bail. As per local newspaper in Navi Mumbai, this is 2nd fraud of Mr. Patel and 1st fraud in Rajasthan. We expect strict law & action against such frauds so as to stop the daring of person to do next fraud.

Ritesh Panchal   01 May 2017

Dear Sir / Madam, I had issued Rs.3 Lakh to developer in this case. Consumer court has recently passed the order to refund the money of Rs.2 Lakh. I'm really confused now a days. Please advise me to recover full amount. Your suggestion & guidance will be highly appreciated.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register