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Sumit Desai (Software Engineer)     03 July 2016

Builder denying to pay

Dear Sir/Madam/
 
My name is Sumit Desai. I had purchased two plots from veracity landmark promoters pvt ltd in Sai Veracity project at Shirdi in 2013. The agreement had a buy-back facility and the buyer (me in this case) had the option to apply for a buy-back after 15 months from the date of agreement. In the agreement, it is mentioned that in case of cancellation/termination, I will get the refund till an year from the date of cancellation. However, no such thing has been mentioned in case of buy-back.
I applied for buy-back on 11th March,2016. They said that they will pay me my money till 11th June. But now,they are saying that buy-back and cancellation are same things and hence they will not pay my money for 8 more months. I don't understand how can buyback and cancellation can be same thing , since no such thing has been mentioned in the agreement. 
They had given me cheques for 11th June. I have the option of depositing these cheques in the bank and file a criminal case and a money recovery suit. However, such disputes might take years to get solved. Request your suggestions to  solve this matter quickly.
 
Also, if I file a complaint regarding this matter in consumer court, how long it might take to settle this?


Learning

 2 Replies

Kumar Doab (FIN)     03 July 2016

Have you signed a declaration while accepting cheques for 11th June?

You may show all docs, communications on record to a very able counsel specializing in such/consumer matters for a considered opinion.

 

 

Advocate Ram Prasad (Chief Lawyer)     04 July 2016

Without reading d terms of agremnt between u cant advice correctly. Approach a local advocate.

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