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Brinda (quality analyst)     21 June 2016

Builder trying to cheat

Hi, I have booked a flat in Banagalore with a particular group of builders for an apartment. I have paid the half amount and only got an MOU. When I asked the allotment letter they are keeping on postponing. Also different people keeping talking to you and they are never allowing me to meet the director or any top person of the company in order to get some details clarified. I am not able to meet the signatory of the MOU. How to know such a person exists? The staff there tell me even they have not met the signatory(the MD of the company) and that she resides in Mumbai. There is a clause in the MOU that we can ask the money back and they will issue a PDC after 120 days(which is sure to bounce) as none of their customers had cheques honoured. I saw from Indian Consumer Forum the number of complaints against them. 1. What are the precautions I must take to cancel the deed and get my money back? 2.Can a case be filed if they are giving false information and we have proof of it in our cell? 3.Do I have a right to get to meet this signatory (MD) as a customer as I feel such a person does not exist at all? If so, how can I proceed? 4.The executive gives a number and says a particular person is the director and when we call this person, he says he is not the director. Can anything be done about this? 5.They do not have an office number. The office number they gave prevents all incoming calls. Is there any legal course for this? 6.They are a company registered under Companies Act. 7.The MOU is stamped by subregistrar of Jaynagar. 8.Can a case be filed if money has been transferred to them and the appropriate documents are withheld(only receipts for acknowledgment of receipt of cash and MOU stating the same has been issued. Please advise, as I want to go ahead with a case in order to get my money back. Also please know they have a history of cheque bounce cases against them.


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 June 2016

Sir, Please send a legal notice to the builder then approach consumer forum.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 June 2016

Sir, 

 

File a case of cheating against them and send them a legal notice along side. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     21 June 2016

Show all dcos and inputs on record to  avery able counsel and proceed further under expert advise of your able counsel.

 


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