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wahida aman   08 July 2024

Builder money fraud cheating with money of rupees 15lakhs

Respected Sir I would like to seek your kind assistance on builder money fraud based in Chennai, for cheating me with money. I had entered into a contract with builder to purchase a new apartment for me at Chennai as per the agreement provided by the builder to pay a total amount of Rupees 72,25,000 in installments to get that apartment. I have made a total sum of (Fifteen Lakhs Rupees) payment of Rupees 15,00,000 in cash from the year December 2017 to November 2020. I have made all the payments through cheques for which I have proof. He kept demanding money at short intervals making false promises that the plan would soon arrive and he would start the construction soon then. But the construction plan hadn’t arrived even till 2018. Finally, in 2019 he informed us that the plan had arrived and assured us he would complete the project shortly. I visited India in December 2020 during COVID-19 he demanded to pay him amount of 25 lakhs rupees, and the apartment was not constructed. In the last call, he was abusing us for not paying the amount and suddenly disappeared. Furthermore, I have repeatedly attempted to call him since 2021 but he never answered my phone calls. However, builder had failed to complete the construction on time. Instead, he used to call and trouble my mother who was a senior citizen. Now and then my mother kept telling me that builder shouted over the phone demanding money. Many times she complained of chest pain as she was under stress and trauma due to his persistent harassment. He started taking advantage of my parents’ growing old age and gave them mental trauma. My mother passed away in November 2020 due to cardiac arrest just 2 days before her demise she told me over the phone that she had developed a fear of builder phone calls as he was giving them mental torture for money. Firstly, he delayed the construction from the year December 2017 to August 2019. During this tenure, I repeatedly approached builder, but he refused to give us a clear update regarding the status of the construction. My Father has been a heart patient since my mother's sudden demise he is on anti-depressants now and lives with his children abroad. Whenever I attempt to approach him he demands my father’s involvement as he knows my father is weak and physically unstable to deal with the issue. The agreement is in my name and he has always dealt with my husband and me. He wants to divert the case so he simply wants to find excuses to manage his fraudulent activities as he had managed with others in the past. I approached many people who had purchased flats from him they have the same agreement as I have. Some have already sold out the purchased apartment and some are struggling to sell them. As his construction is of third-class quality and there is no proper documentation. From one of my relatives, I discovered that builder had let out my flat for rent or sold out to someone. I frequently made attempts to get in touch with him, but there was no response from his side neither on-call nor message. I traveled to Chennai - India in March 2024 and filed a complaint against him in various portals such as CM cell, NRI cell, and Human Rights Commission but every time I visit Chennai he doesn't show up. He gives false excuses saying either he is on pilgrimage or a business visit. I visited Police Station several times but sadly every time I had to face disappointment as there was no action taken by them. Police officials either delayed an inquiry against him or kept my complaint on hold and didn't even register my case. When I was visiting the official premises and started dealing legally with him I was continuously receiving threatening phone calls. I was told that he is highly influential and has a lot of political support. I was asked to withdraw the complaints against him. I am a lady with special needs. I believe that builder has cheated me with money and also I heard from my elder sister that he was not willing to talk to her and refund her money, and for that, she too has filed a complaint against him. I would like to inform you that he has breached the terms of our contract. Thank you for your time and attention to this matter. Sincerely Ms. Wahida Farzana


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

If the local police has not responded or cooperated properly you could have escalated the matter to the commissioner of police for intervention and relief. Besides you could have file a suit for recovery of money instead of depending on the criminal actions alone. You should have cancelled the booking by serving him a legal notice through a lawyer for cancellation after which you should have approached civil court with a suit for recovery of your money with interest as the construction was delayed inordinately. Simultaneously you could have given a complaint with the RERA also against the builder.

wahida aman   09 July 2024

Thank you so much for your swift response Sir, Sir, Do I need to visit to the Chennai to see Police commissioner of police to escalate this matter. I sent email to COP but no response from him. Sir Kindly advise how should I file summary suit, since I am in abroad. Yes you are right sir, I should not leave these criminals and drag them to the court then honorable court will deliver the judgement. and it is difficult for me to handle alone. Sir, for your kind information my other two sisters also got cheated from the same builder But I didn't understand your point, how shall I cancel the booking where I don't know the facts or details when the builder sold out the apartment to other party, I was willing to purchase the apartment but the builder utilized our money and construct his building and sold out to other party for higher amounts. Sir please note that the builder not in RERA, because as per RERA guidelines any property square feet must be over 5000 sqft but the apartment which I booked is under 3500 SQFT. And Sir how much time will take to conclude the case in money suit at court, and do I need to be available, at the time of hearing? and how many times to be present, and what are the formalities to file money suit recovery Sir And thank you so much for your advises, with solutions Kind Regards

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

You have raised lot of questions which are mostly practical in nature, hence better you may consult an experiencd lawyer, preferably in the local and proceed on the advise of the chosen lawyer.


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