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Shafiullah (Consultant)     04 November 2014

Payment made but receipt not received

Dear Experts,

I am an NRI and bought a flat in Thane, Maharashtra through my friend.

I sent the cheque of 14 Lack by courier to India in the name of the builder's company and the amount is also credited in builder's account . This amount is 60% of the property value, remaining 40% I transffered  to my Friends's account by NEFT.

My friend has given this money to the builder by cash.

Now, its been a month the builder is not given any receipt of either amount, no any other paper and my friend is telling trust us there is no problem when you come to India for registration he will register your flat.

I have confirmed the builder's company name from some other person who has also purchased a flat and completed the registration process too.

Now please advice me if builder or my friend cheats me, can I take any legal action to get money/flat back.

I will come back to India in December, and he said registration will be done within 3 days when you come to India.

Thanks in advance for your reply.

 

S Choudhary.

 



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 4 Replies

reeti shah (lawyer)     04 November 2014

Dear choudhary, Confirm with the builder whether your friend has made the payment or not. If your friend has not paid to builder then immediately write letter to your friend which will help you in future if there is any legal dispute. You can take action on your friend. Sincerley Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

Shafiullah (Consultant)     04 November 2014

As I mentioned, the cheque payment has been done as the amount debited from my account.The other amount which is to be paid by cash that I am not sure. I have also confirmed that the cheque was issue by me to the builder name only.

But say if builder does not give any receipt of cheque amount, but amount is credited in his account. then can I take any legal action againts him for not giving me flat or money?

Shafiullah (Consultant)     04 November 2014

I request to experts, kindly reply my query.


Thanks,

S Choudhary

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 November 2014

Dear, Yes account transfer is proof that you made a payment. Better send an email seeking clarifications in this regard and then contact me. Adv kapil chandna, 9899011450

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