A flat was booked with a well known construction company in the name of our son, who is residing abroad. He transferred the money to his a/c in India of which we transferred the booking amount to co.bank a/c by IFSC.(hot transfer) in Dec,10.Till that time no paper was signed. Before signing agreement, efforts were made to get bank loan, which did not succeed. The Co. was informed then about it and we requested in last week of Mar,11 to refund the amount deposited for booking. As per co. terms, in such cases, refund is to be made in 4 months time after deducting Rs 50,000 lump sum. But the person intermediary told to get full amt refunded after selling the earmarked flat to other customer. Later on we came to know that the flat had been sold on a rather higher rate. After continuous chase, phonically first and then by email, we were told in Dec,11 to send a cancellation affidavit on plain paper to process refund. We reluctantly sent it signed by mother on behalf of the son. Again they took 2 months to give cheques, in the month of Feb.12, that too 3 post dated ones, after deducting ~2.3% as service tax.
When the 1st cheque was produced to bank on its due date, it was rejected stating that drawers sign differed. The Co was when informed they asked to return all cheques so as issue fresh cheques. When told to deposit the amt of 1st rejected cheque, Co asked to either return this cheque or submit a written statement that it will not be misused in future. Due date of 2nd cheque is already arrived. Other 2 cheques when shown to a bank branch of the Co. bank, it was told that signs were differing in both these cheques also.
Whole communication was phonic or by email.
Now, how to recover the amt, kindly advise.
