Deepak (SSE) 04 January 2015

Need urgent help in land purchase related issue.

Hi,

In year 2010(July),I had entered into an agreement with a Developer in Kolkata for purchasing 3 kottahs(around 2100 sqft) of Land in a Gated community which the builder was suppose to develop.

As per the agreement,I had to pay 20% of the total amount as advance(Down payment) and the rest in 48 months installment.The builder was suppose to develop the above mentioned land over a period of 4 years and was required to construct Road,Drainage,Electricity etc. over this 4 year period and handover the Land within the period of 4 years.

I had paid the advance amount and also started paying my instalments on regular basis but their was no progress on the construction of the said property whatsoever. The builder was constantly delaying the development work giving excuses and finally I came to know the project has gone into legal dispute with Government as the land which was suppose to be developed came under Wetland.

The builder kept on delaying the work,so after paying my instalments for around 2 years(Total around Rs. 10 lakh),I decided to stop the payments since there was no progress on the project and there was no sign of anything happening as well.

Every time the builder gave us assurance that he is going to win the legal case and construction would start soon but that did not happen so far and the 4 years term got over.

So finally, I decided to ask for refund in the month of August 2014.The builder did not act on my written request for refund for last 4 months and finally after chasing him for sometime he is now ready to give back the money after deducting 25%(of the amount paid so far) that too in seven instalments.

There were various clause in the agreement regarding cancellation charges and interest but as per my understanding of the agreement I think those clauses should not hold anymore coz the builder failed to complete the project.

I am attaching herewith the said agreement for your reference.Request you to kindly guide me if the builder has the right to deduct my money as per the attached agreement (special attention to clause 4,8,9,10,21).

If not,what legal course of action can I take to get back my full money at the earliest.

Please note,I had delayed the payments of some of my instalments before stopping it completely for which the builder never sent any notice nor did he asked for any interest.

Also I am just asking for refunding the entire amount which I have paid without interest.

Regards

Deepak Soni

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6 Replies

Anish Thakur 7018812737 (advocate) 04 January 2015

File complaint in consumer forum

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Deepak (SSE) 04 January 2015

Thanks for your reply Advocate Anish.

But I still want to know,As per the agreement (attached) does the Builder has any right to deduct my money and to delay the payment ?

Also will the consumer court ruling be in my favor if I file the case and will it have any legal binding on the Builder.

The builder has launched multiple such projects in Kolkata and in each project the situation is same.He is neither completing the project nor refunding the money.

I have urgent need of money hence I would like to know the easiest & quickest way I can get back my money.

Experts please help.

Thanks in advance.I will really appreciate a detailed response on this.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 January 2015

You can claim damages even after completion of 4 years, whatever loss incur for the period after 4 years, calculate the amount and claim from builder. file your case in consumer forum.

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Advocate Ravinder (Advocate/Attorney) 04 January 2015

You have to file a consumer case claiming the (1) amount you paid (2) Interest on the amount you paid (3) Damages (4) Legal expenses. It may take 2 years to get judgment in the consumer forum.

The other option is to compromise the case by deducting 25% of the amount but the amount should be one lumpsum. Not in installments. Once you file the consumer case he will come to understanding for one time lumpsum amount.

Note:- do not worry about your delay in payments and also the clauses of agreement. For further clarifications contact me ravinder2345@gmail.com. Send a copy of the agreement by typing the same in bold letters. It is very difficult to read.

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Deepak (SSE) 04 January 2015

Originally posted by : Ravinder.P
	You have to file a consumer case claiming the (1) amount you paid (2) Interest on the amount you paid (3) Damages (4) Legal expenses. It may take 2 years to get judgment in the consumer forum. The other option is to compromise the case by deducting 25% of the amount but the amount should be one lumpsum. Not in installments. Once you file the consumer case he will come to understanding for one time lumpsum amount. Note:- do not worry about your delay in payments and also the clauses of agreement. For further clarifications contact me ravinder2345@gmail.com. Send a copy of the agreement by typing the same in bold letters. It is very difficult to read.

Thanks sir for your kind suggestion.

I have sent you a mail with a copy of the agreement.

I am not in a position to wait for 2 years nor I can give away 25%(around 2.5lakh) of the money.

So I need legal opinion on the various clauses in the agreement which builder is quoting for deducting the money.I want to confront him that those clauses are no longer lagally valid and he has no right to deduct the money.

It would be great if you can throw some light on clause 4,6,7,8,10 & 21. Which of these clause are in my favor or in favor of the builder.

There are many others whom he is trying to cheat in a similar way ,so If needed I can get in touch with them and try to create pressure on the builder provided I am sure on the legal part of the agreement.

Thanks

Deepak

T. Kalaiselvan, Advocate (Advocate) 06 January 2015

The builder seems to be a habitual cheater cheating many other clients in different projects too. Therefore just do not worry about the clauses, you may issue him a legal notice asking him to return the amount you have invested as the project has not started or not completed within stipulated time and there are no signs of its completion in the near future. On his failure to give a reply, you may drag him to a consumer court claiming compensation for damages due to his deficiency in service and simultaneously file a money recovery suit in the civil court for recovery of your money in his possession. Take the help of a local lawyer and proceed.

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