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Aravind Kumar (deisgnation)     03 August 2024

Purchase of residential plot from real estate company and forcefully holding money of consumer

Parties involved

 Person A  

A resident of Pune, Maharashtra., IT professional.  Aadhar card and all government documents has Maharashtra address.

Native of Bihar

 Company B

is a Patna (Bihar)-based real estate company that deals in a wide range of properties in Bihar especially residential plots.

 Amount Involved

X is the total amount of money (INR) involved in the purchase of the residential plots.

One residential plot is INR lowest 7-digit number.

Thus, 2 residential plots are 2 multiplied by lowest 7digit number.

 Y: There was delta increment in property rate after person A had booked. If person A considers interest component of the money he paid and property increase rate from booking time that nearly comes to cost of one plot. This amount can be considered as Y which is half of amount X or  X/2.

 Context

Person A being native of Bihar, due to personal reasons had to invest a residential plot in Bihar.

He invested in Company B to buy 2 residential plots.

 

·        June 2023 , Person “A” booked 2 plots in June 2023 and registration was assured in first week of Dec-23

·        All payment to Company B was made between Jun-23 to Nov-23

·        20% payment was done in June 23, 40% in August 23. And remaining 40% in November 23

·        All transactions were done through online banking, as Person A was residing in Pune.

·        Person A’s hard luck ; he only got date extension on registration date of the plots from

 Dec 23 to Jan 24 to March 24.

·        Fed up with these extensions, Person A initiates refund with Company B in 1st week of Apr-24

·        Company B assured that refund of payment will be completed within 3 months.

·        Even after 3 months, Person A got another extension of 15 days

·        On the 15th day, only 25% of X was refunded.

·        This came as a surprise to person A as he was told that 100% refund will be done within 3 months.

·        Now, Person A has been given another extension of 15 days, which is around 15th August 2024, that is; remaining money which is 75% of X will be refunded.

·        The employees of Company B behave very rudely and arrogantly, with Person A. They Do not pick up his phone. Sometimes they reply on WhatsApp with assurance of refund.

·        Person A believes that due to him being at distant far, Company B has now sold the property which he wanted to purchase to another customer at inflated rate

·        Person A believes that now Company B is holding his money intentionally and he is being mentally harassed

 

Person A is looking for amicable solution to get the principal component of investment back first and then fight legal battle for the cheating and mental harassment caused. Person A would like to get the interest component, along with inflated property rate and compensation for mental harassment

 WHAT PERSON A WANTS TO KNOW

 Person A, being in Maharashtra, has travel constraints to Patna. Under the given circumstances, what are the legal options for Person A

·        Can Person a lodge a FIR in Pune Police, where Person A resides, given that he has done the banking online transaction from Pune itself.  Will this be effective.

·        Court options – consumer courts, or any other type of court options (from Pune) to take legal action on Company B so that they refund principal component at the earliest.

Please can the lawyers advise what is the best to be done here. Apart from what is mentioned. 



Learning

 5 Replies

P. Venu (Advocate)     03 August 2024

Is this a query or riddle?

Aravind Kumar (deisgnation)     03 August 2024

This is query. I have tried to be as comprehensive as possible. 

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

For posting a query you don't have to narrate a story.

Your problem is you booked a plot and paid full sale consideration amount.

Now you want refund which is not forthcoming.

You must remember that even though you paid money at Pune, the cause of action is at Bihar.

You can file a consumer case or even a police complaint at Bihar only.

1 Like

Aravind Kumar (deisgnation)     03 August 2024

Thank you advocate Kalaiselvan. 

While posting queries for future, I shall try and be as precise as possible while posting queries in future. 

One more query now - for consumer case do I need to be in person or the matter can be handled by my lawyer who will be from Patna . (1 or 2 time in person visit to Patna is ok for me) 

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

You need not be in person during all the court hearings, your lawyer in Patna can handle the case even during your absence 

1 Like

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