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Amarendra Sinha (Director)     03 June 2016

Refund of booking money and subsequent payment to builder

Hi

I had booked a flat in Palghar, Maharashtra in a under construction building. DHFL PSL was the broker and there was one more local sub broker. Total consideration of flat was Rs 13.5 Lacs appox. The broker and sub broker always keep following for payment and took approx Rs. 4.5 lakhs by cheque favoring the builder in installment. And keep demanding for more payment.

I stopped making further payments and demanded to get the Registration and stamp duty done as agreed and was given in free from the builder as booking offer. They keep avoiding the registration and subsequently demanded 1 lakh rs in cash towards the same (They had promised to adjust it in the final payment) which I denied and asked them to give me details i will pay in the Stamp duty charges by pay order in name of authority or by RTGS. The broker men and the builder then asked for 5000/-towards advocates expenses and collected it in cash signing a recipt on plain paper. But they didnt turned.

 

I wrote twice to the builder, the broker ie (DHFL), the subbroker regarding the same which they neglected to reply, and the builders notice came undelivered. Later I wrote letter again to the Directors at their residence address and DHFL too. Which only DHFL replied saying the builder will refund the money with intrest in one month and nothing happened. Later on they also turned deaf ear ro this and stopped replying and answering.

Please suggest the next course of action.

 

Regards

 

 



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     03 June 2016

Sir u need to give legal notice through lawyer for recovery of money paid or compilation of promise made to you.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 June 2016

Sir, 

 

Better is to file the case of cheating and criminal breach of trust against the builders. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     03 June 2016

You have posted that:

"Which only DHFL replied saying the builder will refund the money with intrest in one month and nothing happened.'

This may amount to admission by M/s DHFL.

This may also be placed as admission by M/s DHFL and Builder to thwart other recourses sought by you. 

You may engage a very able counsel with all docs on record and give inputs and let your able counsel enage them.

You may also make note of :

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.]

https://mhupa.gov.in/writereaddata/Real_Estate_Act_2016.pdf

 


Attached File : 60926 20160603153812 83742022 real estate act 2016.pdf downloaded: 141 times

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