Money recovery suite

First of all the amount of 50,000/- was the last instalment to be given at the time of posession.  As you say there is no record of having any land near pune by the developer on the date of MOU, so it is a pure case of cheating. When they are having no land on how they would have given possession. Reply to the notice you have received by a legal notice from an advocate asking them thata you have been cheated and so if they did not return your money immediately you are going to initiate criminal as well as crivil suit for recorvery.

First go for a suit for recovery of the money with interest and cost. and along with that also file a criminal case against the developer becasue at the time of entering into the MOU they were having no land at pune as you say.

Now for filing a Money Suit you have to deposit an amount of court fee (i.e. advolerum fee) which is near about 10% of the amount you are going to claim in the suit, which defers from state to state. You can check out from the chart for the court fee.  Any delay in acting will be adverse against your interest.

Thankyou Mr Surjit

This developer doesnt have purchased land mentioned in MOU.

We came to know that he collected money from us and purchased a land somewhere else and started his project and he expected that instead of land mentioned in MOU,we all should purchase the land in that project.

To the notice from developer,we have issued him a legal notice related with recovery suite.

But for recovery suite,I want to ask a different query.

So far I know,one lawyer told me that the developer has to pay us some amount if he has to challenge the case in court.Is it true?

If it is true,then it is a point to proceed further with an recovery suite because atleast some of the money hard earned by use will be returned by the developer to us and further whatever time the court takes to give decission,there will be no problem because since we have paid the developer in form of cheque,we are sure to get all our money whatever time court will take.

But our matter is that will we get some initial amount from the developer when the recovery suite is filed in court andthe remaining amount when decission is in our favour

Thanks and regards

Pankaj

No at the initial stage of filing there is no possibility of payment being made by the developer, it all depends on the admission of the develolper. If the developer admits that the money has been paid to them then only the court can give some interim order for payment. IT MAY HAPPEN THAT THE DEVELOPER MAY OUT OF PRESSURE OF CRIMINAL CASE STARTS PAYING YOU SOME MONEY IN INSTALMENT.