Ganesh (Proprietor) 09 July 2012

Cheating by builder

Hi Respected Members, I’m from Pune, Maharashtra, I have booked a flat with my wife’s name, where builder offered a package including (Registration, VAT, MSEB, Car Parking, Service Tax, stamp duty, society charges and including all other expenses if any) and I have paid him one lakh for booking and he issued me a receipt note mentioning all detail like project descriptttion and my flat no. cost of the flat and possession date etc…

Again I have paid him Rs.50000/- towards booking amount in next month, and he has issued me three separate money receipt Rs.50000/0 each.

But he did not give me any document of that project for my verification, even after many requests, but last month he asked me more money in cash, and he said he will not issue any receipt of that cash payment, and he will register the property with laser amount than my receipt note.

I have asked him for cancellation of my booking and returning my amount immediately, in 2^nd week of June-12, due to all this illegal method, what he is adopting, and he promised me to return my booking amount of Rs.1.5 Lak in within fifteen days, and it has passed one month now, but he is not receiving my ph nor getting available in his office. I have left message many time for him in his office but there is no response.

My question is, can we send him a legal notice through an advocate or my wife can sent a letter to him for the same stating all details, or we can directly register an FIR against him or we should file a case before consumer court against him.

Please let me know which will be the convenient way to getting back our amount as early as possible.

Regards

Ganesh

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 July 2012

You have the following remedies, that can be simultaneously pursued for better results :-

1. Criminal Complaint for Cheating and Criminal Breach of Trust.

2. Legal Notice followed by a Consumer Complaint.

Ganesh (Proprietor) 09 July 2012

Thank you very much sir for your early reply, as I told, I have a receipt note with 100/- stamp paper, with his signature followed by my wife’s signatures.

As wetness my signature and the person who introduced me with the builder his signature is available with that receipt note.

I come to know that he has some political connections, because that PSI told me not to register a complaint against him, as he said this is not coming under their law, it is totally consumer court matter, so it will be better for me to file a consumer complaint against him, and he also told me that he can do the mutual compromise and the builder will paid me my amount after deducting certain amount, like 20% to 50%. if i am ready...............?

I’m not basically from Maharashtra but I’m staying here since 15 years in Maharashtra. The police is taking advantage of that and saying I may face some more problem to service, because he is a big man, having good relation with M.P,MLA, and Ministers.

I’m really shocked, I do not understand what to do………….

Please suggest me if you have any remedy regarding.

Regards

Ganesh