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Rahul 1234 (NA)     06 October 2014

Recovering money from builder

Hello Experts, 

 

I have purchased the flat in Bangalore. At first builder told me that I do not have to pay any booking amount to him. later he asked 2 lac from me. He told that he has to show the bank transaction that I have paid him some amount. Once the money gets debited to his account he will get withdrew that amount and give it to me back. But later he said that he will give me that amount at the time of registration. He will pay the registration fees with that. But at the time of registration he used my loan amount and did not gave me my amount. 

 

Builder agreed to sell me the flat is 26lac. I paid him 2 lac as mentioned. as per bank valuation of the property is 34.5lac hence I got the loan of 27.5lac. All the loan was transferred to the Owner's account. hence the extra 1.5lac was transferred to him. now he has to give me 3.5lac refund. He has gave me the check of 3.5lac but without the dates. and i am waiting for the money for last 2 months.. 

 

Can anybody guide me how to get my money back from him? 

 

Thank you, 



 1 Replies

Hardeep (Business)     06 October 2014

If you have clear evidence that this was an amount you loaned him and he has to pay you you can serve notice on him that you intend to put the cheques in bank with current date . If cheques bounce action u/s 138 Negotiable Instruments Act lies.


If you do not have such evidence get it first - send him an e-mail/ RAD setting the facts and asking date by which  he intends to return your money loaned to him.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.


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