Rights of possession and money back against property
SANJAY
(Querist) 17 October 2015
This query is : Resolved
Sir,
My Self Sanjay, I would like to draw your attention towards that i booked a flat with Pratham Housing Pvt Ltd
with project of Pratham Heights -1 Sec 73 Noida , IInd Floor , Front Side, LIC Sarfabad on dated 26.05.2014.
I paid him cheques as per the detail give below
1. 444727 24.05.2014 Rs. 1,65,000
2. 444726 20.05.2014 Rs. 1,65,000
3. 444725 18.05.2014 Rs. 50,000
4. 444724 13.05.2014 Rs. 50,000
5. 444723 07.05.2014 Rs. 80,000
Two cheques were paid to Pratham Housing Pvt Ltd for amount Rs. 3,30,000 and three cheques were paid to Investar builtech Pvt Ltd for amount Rs. 1,80,000 through vice president Mr. Arun Saini of Invester Guide (Indrapuram).
As per Agreement with pratham housing pvt ltd they will complete the project till March 2015 and give possessions , according to other agreement with pratham housing Pvt Ltd they give us " Buy back Investment schement with assured return" in which they give us two PDC's of Rs. 6,50,250 (After 10 % TDS deducted).for March 2015.
Till March there was no progress in the project . when I talked to Mr. Arun Saini he said to deposit cheque to get assured return. but unfortunately the cheques has been dishounred due to funds insufficient. The , I Talked to Mr. Saini about this matter . He told me that the Director of Pratham housing pvt Ltd Mr. Manoj has fugitive.But he assured me to search that person with in 15 days till that time he is giving excuseson excuses and six months has been spent in very silly excuses. while seaching on net I found that about 200 persons are facing same situation as I am.
Now, I would like to ask whether I have to file up my case either in consumer court or district court.
As I have did not get my money and not even flat.Kindly suggest us egat legal steps can take to get my amount back.
Thanking You
Sanjay
Anirudh
(Expert) 17 October 2015
1. Lodge FIR before the Police Station concerned.
2. Lodge a complaint u/s.138 of Negotiable Instruments Act, after serving a legal notice, in regard to the dishonoured cheque(s). Please note, there is time limit within which the legal notice has to be issued and the time limit within which the complaint has to be lodged. Therefore it will be advisable for you to meet a local lawyer and do the needful without wasting time.
3. As regards filing any civil suit for non-progress of the project etc., one has to see the agreement and go through the terms and conditions and only thereafter it will be possible to make any suggestion/give any view. For this also, it will be better, if you get in touch with a local lawyer and show the documents and discuss.
Rajendra K Goyal
(Expert) 17 October 2015
1. Lodge FIR against the person. Similar cases has happened against the builders in Gurgaon.
2. Consult local lawyer and proceed according to his advice by showing all documents.
SANJAY
(Querist) 05 March 2016
Dear Sir,
Thanks for your all information..
according to your advice we hire a local lawyer and going to lodge FIR against all persons which are involving in this project but station master are denied to received the complaint .So we are sent the complaint through Registered post and also sent a Notice to all persons individually and Company too last month.But the all registered post which are sent to Parties & company are return back with some silly returns memos like address not proper like something. So that still we did not receive any response from other side.
So, Please suggest me what should we take next step against all to take my money earliest.
I m very thankful to you all if you give me suggestion/advice
Sanjay
SANJAY
(Querist) 05 March 2016
Dear Sir,
Thanks for your all information..
according to your advice we hire a local lawyer and going to lodge FIR against all persons which are involving in this project but station master are denied to received the complaint .So we are sent the complaint through Registered post and also sent a Notice to all persons individually and Company too last month.But the all registered post which are sent to Parties & company are return back with some silly returns memos like address not proper like something. So that still we did not receive any response from other side.
So, Please suggest me what should we take next step against all to take my money earliest.
I m very thankful to you all if you give me suggestion/advice
Sanjay
