Lost money while investing in property


My sister's was planning to buy constructed built home near Tamilandu near sulur district for 21 lacs. She has paid advance money to builder for 7 lacs without consulting a lawyer for constructing compele house. Agreement made between property owner(seller) and buyer(my sister) for bond paper Rs20. Now the money was taken by the builder and not paid any advance to property owner and he is not refunding the amount also. Whenever if we ask to refund the money builder says I will pay this month next month. I need your support what action need to be taken to get the money back. Agreement made 5 years ago from Today.
 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

1. Legal Limitation period to claim back Money is THREE years. In your case it is already Five years, hence Civil Court proceedings shall not be possible. However meet a local Civil Court Lawyer with documents, file Recovery Suit application alongwith Delay Condonation Application.

2. You may also prefer to file a Police FIR, requesting investigation and charge-sheet, for various offences like  Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

3.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


Total likes : 1 times

 
Reply   
 



Hemant Sir, Thank you for your reply. I need clarification if we file a police complaint how will it take to resolve the case approximately? Can we use twitter Incase police has not taken any action or we need to meet higher grade officer to move case further? Please reply.
 
Reply   
 

You're supposed to file a complaint for cheating and fraud against the builder as soon as possible. If there's no satisfactory response from the police intervention (within 2-3 days of filing the complaint), then you may proceed to consult a local lawyer in order to file a. petition for the same.

And be realistic, you've already behind the time limit prescribed by law, there won't be any quick response by social media and all. You need to consult a local lawyer in case appropriate measures aren't been followed up by local authorities.

Hope you're clear now.

Regards
Kevin M. Paul

Total likes : 1 times

 
Reply   
 

File a civil suit  as well as an FIR against the Builder.

Regards

Anubhav Tyagi, Advocate

Delhi High Court

9873442558

 
Reply   
 

Hi Sir / Madam,

Regarding above case, the builder has paid off 50000 out of 7lacs through cheque. Please can anyone suggest can we file a case against the builder if he doesn't pay the pending amount. Builder is not coming to meet face to face.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x