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Soni (Executive)     25 July 2012

I have been cheated by builder

 

Hi Experts,

 

 

I’m a very first time user, my question is, I have booked a flat paying Rs.150000/- and I suppose to pay more Rs.250000/- for registration, meanwhile I got a message from the builder that he will register the property less than the decided amount, and he will take cash without receipt for rest of amount ,hence I decided to cancel the booking and he was agreed for the same, and he also promised to return my booking amount within one week, but it has passed one and half month and now he is not responding my call nor replying my letter which I sent to him 10 days back, even he is not making his self available in his both the office, in my letter I  have demanded my amount and stated all the incidents and the illegal method which he used to extract the amount from me, But I think all my requests are touching falling in  deep year,

 

I am paling to move for a court case, against him,  I have been contacted by a local reputed  lawyer but unfortunately the lawyer was from his side, and now the layer saying he can do the settlement but should pay 50% of the amount as cancellation changes.

 

I am really confused, because I have talk to many and find out that all law and orders are influenced by local politicians and the builder father is one of them.(politician)even police is not ready to register my complaint.

 

Could you please guide me, what the easiest way  to getting back my amount as soon as possible with minimum expenses?

 

In evidence I have below documents with me

 

1-   .a money receipt note/undertaking with Rs.100/- non judicial stamp paper with two wetness and both us signature. in which all the dail of the deal is mentioned along with Rs.100000/- advance acknowledgement.

 

2-   Money Receipt of Rs.150000/- with builder signature

 

3-   His SMS demanding cash payment without money receipt

 

4-   My letter with speed post delivery copy,

 

I would be appreciate if any expert can help me regarding

 

Regards

 

Soni Kumari

 

 

 



Learning

 1 Replies

Anish Thakur 7018812737 (advocate)     25 July 2012

  1. dear querist
  2. here you have more then sufficient grounds and evidence supporting documents that there has been commited a fraud with you by the builder.
  3. firstly i want to tell you that no police station or incharge in that police station can deny to lodge your fir,if they are doing so then file complaint to the magistrate in juridiction and pray him to order the police to lodge the fir.
  4. secondly law is supreme ,no one is powerfull  than law,i think you never heared about conviction of big politicians and business personalities.
  5. make your trust on law and proceed for following things
  6. first try to negotiate with the lawyer who is contacting you on that persons behalf,try and record his conversation or collect anyother evidence with lawyer and complaint to bar council of india with those evidences in support against that lawyer .
  7. after that lodge fir in local police station if they deny then put application before the local magistrate for this.
  8. file recovery suit against the builder to recover the amount you had paid.
  9. by doing all this a civil suit for recovery of your money will run on the juridrature court and by lodging the fir you will start criminal proceedings against the builder for doing fraud,cheating and money laundering,income tax act and many others.
  10. feel free to call on number given in the profile.

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