Refund of advance for flat
Himanshu
(Querist) 27 November 2012
This query is : Resolved
sir, I had given Rs one lakh as advance to greenways builders,visakhapatnam on 13 feb 2012 for a flat.
On enquiry, i came to know that the project was not approved. I gave an application for refund of my advance on 4 July 2012. He asked for the original allotment order and reciept with the application which i gave but i have a black and white photocopy of the documents.
I had given a crossed cheque so i guess the account to which it was cashed can be traced.
I have also recorded some telephone conversations with their staff in which they are clearly telling that they will return my money.
But the M D is not returning the money.
Now he is not even recieving my calls.
Can i sue him?
Is the photocopy a valid evidence?
Can I use the recordrd conversations in a court?
Will i go to a consumer court or civil court?
Please answer ASAP
Thank you.
Devajyoti Barman
(Expert) 27 November 2012
Yes , on the basis of photocopy you can file case before the consumer forum where you apart from claiming back the earnest money ask for damages as well.
However for this you have to prove that the title of the property was not clear. Mere irregularity in some papers would not help.
Himanshu
(Querist) 27 November 2012
sir,thank u very much for your prompt reply.
But I cant understand what u mean by
"However for this you have to prove that the title of the property was not clear. Mere irregularity in some papers would not help."
It would be very kind of u to elaborate.
Also,I have a photocopy of the application that i gave but on it there is no sign of the company's representatives.
Also, can I use the phone recordings as evidence in consumer forum
Raj Kumar Makkad
(Expert) 27 November 2012
Instead of filing civil litigation, you should proceed for criminal case. File FIR for heating and fraud against such builder.
ajay sethi
(Expert) 27 November 2012
file complaint with consumer forum for deficency in service for refund and compnensation . you have stated that project was not approved by muncipal corporation . you have to satisfy court that you asked for refund on the basis that it was not a approved project .
