PAYMENT HELD WITH BUILDER
HARPREET SINGH
(Querist) 27 July 2009
This query is : Resolved
Dear Sir,
I had booked one flat in Vian Infrastructure in Neemrana for 120yards in year 2006 & paid 50% of total amount equalling 1.39 lacs. Then after, i decided to quit the plot & discussed with the builder VIAN Infrastructure for refund. The builder has asked for the payment slips & handed over to me a cheque of rs 1.39 lacs after 6 months of cancellation for the month of Nov'08. This cheque got bounced for the reason that acoount blocked. Thereafter approache VIAN INFRASTRUCTURE for my payment 7 they have given me a new date in Feb'09 for collecting my money in 3 installments of rs 50000, rs 50000 & rs 39400 in the month of February with different dates. they have given me this statement on their letter head duly signed but till now I have not recvd any DD or cheque from VIAN INFRASTRUCTURE. every time I rech them, they are either giving me new date verbally or now they ae telling that company do not have funds at this point of time.
I REALLY DONT KNOW WHAT TO DO IN THIS CASE? IS MY MONEY GONE? OR HW CAN I GET THE MONEY BACK LEGALLY?
PL SUGGEST.
A V Vishal
(Expert) 27 July 2009
Mr Singh
Your query is silent on what dates the builder assured the three different payments to be done, normally in a suit of recovery of money the period of limitation is 3 years, further you have not sent them any notice when the cheque bounced first, contact a local lawyer with all relevant docs and see what he would advise. You can choose to even recover interest at the market rate for the delayed payment.
Y V Vishweshwar Rao
(Expert) 27 July 2009
You can file suit for Return of the amount with interest . The Booking / Your payment is in the year 2006 - Nov 2008 Cancellation of Booking - Your request for return of the Booking amount , it appears to be with in three years - With out further delay file the suit through local advocate !
Manish Singh
(Expert) 03 August 2009
if you can prove that they have accpeted the debt and has honoured to pay u back the amount even in a further date from the date of default, then the limitation starts from the said period.. so u can file suit for recovery even after a lapse of 3 years.
