Consumer court case to be filed against Jaypee

Varun Mishra (Querist) 07 October 2016 This query is : Resolved
I booked a flat in Jaypee buddha circuit studio apartment on April, 13, till now no construction has happened there. On 01/02/16, I gave a letter to Jaypee asking them to refund my entire money with interest. Jaypee confirmed me on my mail to pay the entire amt with 12% interest within 6 months i.e by 09/16. Till now Jaypee has only refunded Rs 2.5 lacs and now saying we don't have funds.

I've to lodge a case against Jaypee in consumer court to get my money with 12% interest.

Please let me know the process.

Regards.

Varun Mishra
9810800594

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Nadeem Qureshi (Expert) 07 October 2016
First of all issue a legal notice through your counsel and demand your money back if the company is not ready to make payment within notice period then you may file a complaint against them before the Consumer Forum where the property is situated, agreement was executed, the company have office or where they informed you the reply of your mail.

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Kumar Doab (Expert) 07 October 2016
You have posted that:

"Till now Jaypee has only refunded Rs 2.5 lacs and now saying we don't have funds. '

How did they say to you;'we don't have funds. '; Verbally or in writing?

Advocate M.Bhadra (Expert) 07 October 2016
File a Complaint Case in District Consumer Forum under section 12 of the Consumer Protection Act for deficiency of service and unfair trade practice. Better to engage a local lawyer.

Kumar Doab (Expert) 07 October 2016
You have already posted that:

"I've to lodge a case against Jaypee in consumer court to get my money with 12% interest."

You may reply to:

'How did they say to you;'we don't have funds. '; Verbally or in writing?'

You may also find out if the company has been contemplating to close!

Eventually you may have to join list of creditors!

Kumar Doab (Expert) 07 October 2016
It is not clear which JayPee establishment you have referred to.

There are some news on debt of one JayPee Group and Group companies..........and latest as published on Jun 03, 2016.....

http://economictimes.indiatimes.com/industry/indl-goods/svs/cement/jaypee-group-defaults-on-rs-4460-cr-debt-payments/articleshow/52573554.cms

Discuss the matter with your able counsel.