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Builders are not refunding advance money

I have booked a flat in kolkata in 2015. Due to mutation related objection from govt builder provided cheque as refund money but the account does not have sufficient money. Now they are not refunding the money anyway. Can I file a civil case against them from Hyderabad as now I am located in Hyderabad?


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 3 Replies

G.L.N. Prasad (Retired employee.)     04 June 2019

What happened to the cheque bouncing case? First issue notice under CP Act demanding for a refund of money as there is a deficiency of service by the builder . What is this Govt Builder? There is a limitation period for every act. First, contact a local advocate and get the notice issued by him under CP Act. Notice also comes under the cause of action, and if the notice is issued from Hyderabad, it was decided that the cause of action jurisdiction is at Hyderabad only. If you do not take actions immediately, you will not be able to take any action against the builder.

SACHIN AGARWAL (ADVOCATE)     04 June 2019

Whether you filed a case for Cheque dishoror and it is pending or not. File a Complaint before District Consumer Forum and demand the refund of money along with interest and compensation. If there is any lack on the part of builder, You can file a criminal case for cvheating and breach of trust.

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2019

You can file a civil case for recovery of money provided the date of cheque is within three years from today. You can file a suit at the place where you presented the cheque. Your place of residence can have cause of action only if any transaction between you and the builder has taken place.


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