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Builder not returning money

(Querist) 01 May 2018 This query is : Resolved 
Hello Sir, I paid 50,000 advance to builder in the year 2015 assuming that he will start the property construction, but till date there is nothing which has got initiated, I am asking for refund of my advance deposit and he is not giving it. What should I do in this case, I have photo of the cheque which I gave along with a receipt from builder. Kindly suggest.

Siddharth Jain (Expert) 01 May 2018
Firstly, you'll have to serve a legal notice to the builder seeking refund, if he fails to do so within 15 days, you can proceed to file complaint in consumer or civil court for recovery for your money.
For any other queries feel free to contact me at isidjain1@gmail.com
Advocate Bhartesh goyal (Expert) 01 May 2018
Since complaint before District Consumer Forum can be filed within two years from date of arising cause of action and which is year 2015 now limitation to file complaint has been lapsed.you may lodge F.I.R against builder u/s 420 of PIC.
Anil Satyagraha (Expert) 01 May 2018
Couple of thoughts, during the time of giving the cheque, did you happen to sign any "Letter of Intent" or "Agreement of Sale" ?
If so, then you may wish to check with a local Advocate, who can help draft a Legal Notice / Demand Letter. Remember to send via RPAD / email so that you would have confirmed proof of delivery.

The Legal Notice would inturn create "Cause of Action" for any possible next steps.

Ms.Usha Kapoor (Expert) 02 May 2018
I agree with experts.
Now you can issue a Legal Notice asking for the return back your advance paid amount, through an advocate basing on the available Receipt which was acknowledged by the builder for the cheque payment from you. As suggest by Mr. Goyal Ji, it is time bared for filing of a Consumer Case.
Shamsheer Pal Singh Dhillon (Expert) 02 May 2018
I would rather suggest you to send him a legal notice and file a suit for specific performance of contract. You have paid your part of consideration and the part of the builder was to construct a flat for you. Either ways you can put pressure on him to either construct the flat or refund the amount. In case you go for recovery suit, the process is lengthy and it will also attract court fees.

Thanks in anticipation
Shamsheer Pal Singh Dhillon
Head Legal
Kumar Doab (Expert) 02 May 2018
You can benefit from above advises..
If all personal efforts and collectively thru well wishers, reputed persons, communities have failed then lean on your own very able senior LOCAL counsel of unshakable repute and integrity specializing in consumer/civil matters and having successful track record ….. and well versed with LOCAL rules/precedence’s/laws…and worth his/her salt …for further help.

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