Sir,
I have booked a site near Bangalore in year 2007 by signing the sale agreement and paying 30% of the total cost of the site. The developer then promised to deliver the site within 6 months. But this has not happened. We enquired with the Developer several times and he kept on giving one or the other reason. Then in June 2010, I went to Consumer Forum (CF) and won the case. The CF judgment has asked the developer to pay the entire amount with 16 % interest. The developer has not honored the judgement till today.
I have then filed a case for execution. But the notices served on all known address are not being responded. My lawyer says in this case the court will indicate the news paper in which we have to publish the notice and if the developer still not respond the court will issue an arrest warrant. But in the mean time Bangalore CCB has arrested the Developer and then released on bail. The CCB is still (from last 2 months) in the process of filing charge-sheet against the Developer.
I have following questions:
1) Does CCB's filing charge-sheet assure me my money back?
2) Even in my execution case if the arrest warrant is issued, the developer will again get the bail, but how I will get my money back?
3) Is filing a Civil suite and asking for the Attachment Before Judgment (ABJ) is the only way to proceed to recover the amount?
Please guide me as I am in a severe mess.
Regards & Thanks in advance.
Prashanth.
