Need urgent help in land purchase related issue.

Thanks for your reply Advocate Anish.

But I still want to know,As per the agreement (attached) does the Builder has any right to deduct my money and to delay the payment  ?

Also will the consumer court ruling be in my favor if I file the case and will it have any legal binding on the Builder.

The builder has launched multiple such projects in Kolkata and in each project the situation is same.He is neither completing the project nor refunding the money.

I have urgent need of money hence I would like to know the easiest & quickest way I can get back my money.

Experts please help.

Thanks in advance.I will really appreciate a detailed response on this.

You can claim damages even after completion of 4 years, whatever loss incur for the period after 4 years, calculate the amount and claim from builder. file your case in consumer forum. 

You have to file a consumer case claiming the (1) amount you paid (2) Interest on the amount you paid (3) Damages (4) Legal expenses.  It may take 2 years to get judgment in the consumer forum. 

The other option is to compromise the case by deducting 25% of the amount but the amount should be one lumpsum.  Not in installments. Once you file the consumer case he will come to understanding for one time lumpsum amount.   

Note:- do not worry about your delay in payments and also the clauses of agreement.  For further clarifications contact me ravinder2345@gmail.com.  Send a copy of the agreement by typing the same in bold letters. It is very difficult to read.

Originally posted by : Ravinder.P
	You have to file a consumer case claiming the (1) amount you paid (2) Interest on the amount you paid (3) Damages (4) Legal expenses.  It may take 2 years to get judgment in the consumer forum.  The other option is to compromise the case by deducting 25% of the amount but the amount should be one lumpsum.  Not in installments. Once you file the consumer case he will come to understanding for one time lumpsum amount.    Note:- do not worry about your delay in payments and also the clauses of agreement.  For further clarifications contact me ravinder2345@gmail.com.  Send a copy of the agreement by typing the same in bold letters. It is very difficult to read.

 Thanks sir for your kind suggestion.

I have sent you a mail with a copy of the agreement.

I am not in a position to wait for 2 years nor I can give away 25%(around 2.5lakh) of the money.

So I need legal opinion on the various clauses in the agreement which builder is quoting for deducting the money.I want to confront him that those clauses are no longer lagally valid and he has no right to deduct the money.

It would be great if you can throw some light on clause 4,6,7,8,10 & 21. Which of these clause are in my favor or in favor of the builder.

 There are many others whom he is trying to cheat in a similar way ,so If needed I can get in touch with them and try to create pressure on the builder provided I am sure on the legal part of the agreement.

Thanks

Deepak

The builder seems to be a habitual cheater cheating many other clients in different projects too.  Therefore just do not worry about the clauses, you may issue him a legal notice asking him to return the amount you have invested as the project has not started or not completed within stipulated time and there are no signs of its completion in the near future. On his failure to give a reply, you may drag him to  a consumer court claiming compensation for damages due to his deficiency in service and simultaneously file a money recovery suit in the civil court for recovery of your money in his possession.  Take the help of a local lawyer and proceed.