Parties involved
Person A –
A resident of Pune, Maharashtra., IT professional. Aadhar card and all government documents has Maharashtra address.
Native of Bihar
Company B
is a Patna (Bihar)-based real estate company that deals in a wide range of properties in Bihar especially residential plots.
Amount Involved
X is the total amount of money (INR) involved in the purchase of the residential plots.
One residential plot is INR lowest 7-digit number.
Thus, 2 residential plots are 2 multiplied by lowest 7digit number.
Y: There was delta increment in property rate after person A had booked. If person A considers interest component of the money he paid and property increase rate from booking time that nearly comes to cost of one plot. This amount can be considered as Y which is half of amount X or X/2.
Context
Person A being native of Bihar, due to personal reasons had to invest a residential plot in Bihar.
He invested in Company B to buy 2 residential plots.
· June 2023 , Person “A” booked 2 plots in June 2023 and registration was assured in first week of Dec-23
· All payment to Company B was made between Jun-23 to Nov-23
· 20% payment was done in June 23, 40% in August 23. And remaining 40% in November 23
· All transactions were done through online banking, as Person A was residing in Pune.
· Person A’s hard luck ; he only got date extension on registration date of the plots from
Dec 23 to Jan 24 to March 24.
· Fed up with these extensions, Person A initiates refund with Company B in 1st week of Apr-24
· Company B assured that refund of payment will be completed within 3 months.
· Even after 3 months, Person A got another extension of 15 days
· On the 15th day, only 25% of X was refunded.
· This came as a surprise to person A as he was told that 100% refund will be done within 3 months.
· Now, Person A has been given another extension of 15 days, which is around 15th August 2024, that is; remaining money which is 75% of X will be refunded.
· The employees of Company B behave very rudely and arrogantly, with Person A. They Do not pick up his phone. Sometimes they reply on WhatsApp with assurance of refund.
· Person A believes that due to him being at distant far, Company B has now sold the property which he wanted to purchase to another customer at inflated rate
· Person A believes that now Company B is holding his money intentionally and he is being mentally harassed
Person A is looking for amicable solution to get the principal component of investment back first and then fight legal battle for the cheating and mental harassment caused. Person A would like to get the interest component, along with inflated property rate and compensation for mental harassment
WHAT PERSON A WANTS TO KNOW –
Person A, being in Maharashtra, has travel constraints to Patna. Under the given circumstances, what are the legal options for Person A
· Can Person a lodge a FIR in Pune Police, where Person A resides, given that he has done the banking online transaction from Pune itself. Will this be effective.
· Court options – consumer courts, or any other type of court options (from Pune) to take legal action on Company B so that they refund principal component at the earliest.
Please can the lawyers advise what is the best to be done here. Apart from what is mentioned.
