Builder money fraud on property, refuse to give back money
Om Ali
(Querist) 23 May 2024
This query is : Open
Dear Sir
Good Day
Hope you all are doing well
I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.
At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below
1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.
It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police
Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,
Thanks you all with all for your time reading and suggesting.
Thanking you
Samy
T. Kalaiselvan, Advocate
(Expert) 23 May 2024
Firstly you had done a blunder mistake by approaching police for remedy.
This is a case against the builder, hence you should have first issued a letter demanding the return of your booking amount by cancelling the booking.
If the builder did not respond or failed to comply you could have approached RERA or the consumer forum. Since it is the money you wanted the builder to return, yo could have filed a suit for recovery of money by filing a civil suit also.
The builder managed the local police, advocate and everyone who came in between, hence the remedy to this is available in the court of law only i.e., either RERA or consumer forum or at least civil court.
Even now you can approach RERA or consumer forum to get your grievances addressed properly as per law.
Om Ali
(Querist) 23 May 2024
Dear Sir
Thanks for your swift response.
I was not willing to approach policy as that is hectic to go police station and I faced lots of harassments from police, and the person who is with the builder was slight influence with politics, and I had information that the person approach police station and paid amount to divert my case and keep delaying, how they did? they were sending summons to my home, the Inspector, SI were calling me and each and every time giving mental torture etc.
Sir I approach RERA in FEB 2024 itself but when I went to scrutinize the application, they responded that it won't come in RERA as most RERA entertain over 5200 Sqft but that apartment is in 3350 Sqft. and consumer forum entertain only within 2 years, as I started to pay to builder from 2017 (Eleven lakhs) and till Dec 2019 I had paid total 20 lakhs rupees.
I had sent notice (not legal notice) by registered post, then only builder came to local police station and given 15Lakhs cheque and deducted five lakhs, stating with lies that I had altered the apartment etc, I responded to him that since I didn't buy then there is no matter of deduction, he said that 15L is good offer and if you need more then go to court.
Kindly assist on your valuable advise that how I can get back my money by easiest way, and if possible to register FIR against him, I was begging to police to file FIR but they just diverted the issue and took to other way, I then went to DCP and CM cell to put pressure but the local police closed the case and lied that I had paid 20L to builder on old house repair etc, also they said filing only after taking legal opinion from magistrate and I was waiting for that and finally they took to the lady who is sitting in COP office as legal advisor, she also diverted me and my sister as well but they didn't file FIR.
Kindly advise what are the other options available, if it possible to file FIR so I will take that FIR and go to other authority, and civil court, money suit will take time and with less hope,
Thank you sir, sorry for the inconvenience which may cause.
T. Kalaiselvan, Advocate
(Expert) 23 May 2024
The letter you have sent to the developer which he recognised and agreed to pay 15 lakhs can be considered as an acknowledgment by the builder hence your limitation starts from that date for another three years.
If you are within the three years as stated above, you can directly file the money recovery suit against the builder on the basis of documentary evidences for having paid the money.
You can contact a different advocate other than the one recommended by the police or any other legal adviser and proceed as suggested.
Om Ali
(Querist) 29 May 2024
Dear Mr.Kalaiselvan
Good Afternoon
Thank you for all your advises in that regards
With Regards
T. Kalaiselvan, Advocate
(Expert) 29 May 2024
This is a public forum, I cannot entertain your request by such open calls.
If you are interested to contact me then you can contact me privately.
Om Ali
(Querist) 30 June 2024
Dear Sir
The builder cheated me of amount Rs.20 Lakhs rupees and filing complaint to police station brought three PDC cheques of 15 Lakhs rupees with three months gap of each, and police closed the case.
I requested the times to police to reopen the case and recover 20Lakhs Rs. by lodging complaint in CM-Cell but they close with that letter which builder and police prepared in that language which I don't know to read or write,
forcibly asked me to sign otherwise the case will be null or void.
I took the cheques and deposited the 1st Chq and it's bounced now when I served legal notice of 138B NIA, the builder responded that in that letter that I threatened and used police influence to get the cheques forcibly and the builder
have no liability to pay any amount, therefore withdraw the complaint which was illegally filed with his client. I am confused totally, the builder 1st agreed in police station on Dec 2023 and given the 3PDC then since I refused to accept as it was 15Lakhs and not 20Lakhs,
and the police played around since I was bothering them in reminders, they arranged a fake meeting where builder was not there, but his people were there with advocate and took sign from me.
Moreover, in response to the legal notice, the advocate has mentioned that the builder had sent notice to police to get back 3PDC.
The Fraud builder is playing everywhere in police station where he bribed to close the case and handed over 3PDC of 15Lakhs and responded with notice that they do not demand illegally.
Kindly advise what shall I do in that case since I am not available in the city chennai.
Thanks
With Regards
