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ANIL KUMAR ACHARYA (Sr.Manager)     06 July 2013

Fraud by builder

From

Anil Kumar Acharya

RSB TRANSMISSION (I) LTD,PLANT 3

ADITYAPUR INDUSTRIAL AREA,PHASE 7,

JAMSHEDPUR-831013

 

Sub- cheating  &  fraud by  builder

 

Dear sir

 

I had booked a 3 BHK flat in JAMSHEDPUR (Jharkhand) in October 2008 ,planning for my retirement due in the year 2017.The builder could not deliver the flat as promised. After lot of chasing ,Finally  in June 2012 Builder informed me that he is unable to deliver the flat and ready to pay me back the amount paid to him with 12 % simple interest.

I finally agreed to the payment as I was fed up chasing him.

Builder gave me 3 cheques  of equal installment and  the cheque encashment is  also distributed over 3 months.

I deposited the first cheque on 25-06-12 and it bounced and the bank report was “exceeds the arrangement”.

Again I deposited the 2 ND cheque on 26-07-12 and it also bounced and the  bank report was “exceeds the arrangement”

Again I deposited the 3 rd cheque on 16-09-12 and it also bounced.

I have tried to contact the builder and he is not responding positively and only replying “I am arranging your money”.

After lot of chase up ,builder gave only 7.5L out of 16 L on 4-11-2012 and gave me in writing that balance payment will be made positively by 15-11-12 but still

He has not paid a single paisa till date.

So I filed 3 nos of legal cases in civil court against the builder for bouncing of 03 nos of cheque in sept 12.

The builder did not appear for any hearings and finally court has issued a non bailable warrant against him in june 2013 and till date local police has not arrested the builder.

I donot know how long the legal case will continue… and how long also police will play hide and seek with the builder.

I am frustrated over the builder’s attitude and I request your kind intervention  to solve my problem at the earliest.

 BUILDER’S NAME-

 GAURI ASSOCIATES,

 GROUND FLOOR ,NIROD APPARTMENT(IN FRONT OF RAYMOND SHOW ROOM)

  L ROAD, BISTUPUR,JAMSHEDPUR-831001

   (JHARKHAND)

   CONTACT PERSON- Mr. Rohit kumar Singh

                                                       Mob- 9334156122

Regards

Anil Acharya

RSB TRANSMISSION (I) LTD, UNIT –III

PLOT NO 730

TO 732 & 1038, WORD NO 9

ASANGI, GAMHARIA, SARAIKELA, 

Jamshedpur        

JHARKHAND-832108


INDIA



Learning

 3 Replies

Advocate Rohit (Advocate)     06 July 2013

kindly accompany the police officer at the builder premises for arresting him. further, you need to find out the assets in the names of the builder and disclose the details of the assets before the court by making an application for attachment of the properties. This way the builder would be blocked as he won't be able to sell the assets. also you need to ask the court in writing to declare him as a proclaimed offendor.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Hemang (Advocate)     06 July 2013

You should have filed the criminal complaint as provided under Section 138 of the Negotiable instruments Act. (Here, you have received the payment of Rs. 7,50,000=00. That means that when an offence was committed for insufficient fund by the Builder, you allowed to compound the offence. ) Perhaps, the time limit prescribed is also lapsed. Criminal complaint under Section 138 was the best available remedy and the builder would have come round in view of the provision of sentence and penalty. Under the circumstanaces. you are justified in preferring civil litigation, but it will  take a long course. It seems, you are not properly guided. You should have also filed a consumer complaint. Now, file it, because the remedy provided under the Consumer Protection Act is in addition to the remedies provided elsewhere. Consumer Court would quickly dispose of the matter. However, before resorting to the remedy, seek an advice of your lawyer based on "documentary evidence".  

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 July 2013

You can also file a petiton on Builder  in consumer courts at your place with all evidences. or else you can submit your petition online. www.consumercourt.in


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