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Venky   22 February 2021

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.


 6 Replies

Hemant Agarwal ( Mumbai : 9820174108)     22 February 2021

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

1 Like

Venky   22 February 2021

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.

Kevin Moses Paul   22 February 2021

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.

Kevin M. Paul
1 Like

Anubhav Tyagi   22 February 2021

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


Anubhav Tyagi, Advocate

Delhi High Court


Venky   01 April 2021

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.

Sankaranarayanan (Advocate)     29 April 2021

When the 50000 thousand cheque been received? any written communication been made? sulur is nearer to Coimbatore right?

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