How to get back my money ?
Querist :
Anonymous
(Querist) 14 July 2010
This query is : Resolved
Dear Sirs,
I have given sizable amount to a builder and now he is not in a position to pay the money; And for the last 8 years,he is dodging,and telling me different stories.
I had paid him in cash in three installments, and taken three undated checks with Amount written in his own hand writing( on the check/s),plus one more blank check (Signed,Undated) towards the interest payable.
Nothing written in writing(about the above transaction).
Now,he is not in a position to pay me,but he has some Roof/Terrace Rights in an apartment(Which he constructed)in our area.
Kindly advice me, the remedy available to me.
With regards,
Thanking you ALL in advance in anticipation of QUICK solution to my problem Please!
Devajyoti Barman
(Expert) 14 July 2010
There are numerous types of legal recourse you could adopt.
For getting the property you could file a complaint before the consumer forum though which would be difficult but not improbable because of no written agreement.
You could also file cases under Provincial Insolvency Case against him.
File a case u/s 138 NI Act if the cheques get dishonoured in the meantime.
You could also file a suit for recovery of money
The details of the case are hence always necessary.
A V Vishal
(Expert) 14 July 2010
I wonder how you have kept quite for 8 long years and moreover you have no documents to prove that you have lent the money. However you have not mentioned when the cheques were issued. It is tough to recover the money even if you file a civil suit or lodge a criminal complaint. Try to wriggle out by asking him to register the roof/terrace rights in the apartment.
Querist :
Anonymous
(Querist) 15 July 2010
Dear SKJ,
The words you have used clearly shows,your way of thinking!MAY GOD BLESS YOUR CLIENTS, IF YOU ARE A PRACTICING ADVOCATE.
I have just posed my serious problem in the EXPERTS forum, thinking that i may be shown some solution.But, you seems to be some different person/ with a different mind set;Kindly do not do this to any one.If you don't want to give answer/reply, you are at liberty to do so;but,i am sorry to say; you cannot hurt any one by giving irrelevant answers/replies. I am sorry if i have hurt you,but i am frank enough to say that i am not expecting an answer/reply like you had given me,being a senior member of the FORUM!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 July 2010
Just imagine can you believe sombody that he was sleeping for so long for such a huge amount.
It is not possible in reality, people commit murder for few hundred and you say for lacks and lacks you are just waiting for number of years.
