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Builder has taken full payment & has not yet given the docs or refund


23-Feb-2023 (In Civil Law)
We have paid the full amount (14L) for the plot in backhori Pune. It's been 3 years we are asking the developer for the documentation, but he is just giving excuses of PMRDA rules and etc, we have asked him refund and he said that sales return is not possible as there are no funds, there are many people suffering from this. He has done the same thing in different areas, Pune, Akola, Chikhaldhara and Hydrabad.. When we tell him that we will proceed legally, he says that do whatever you want to do.. He is not from Maharashtra, he is somewhere from UP. He has done total 100+ crores fraud with all the projects. The developer name is Sumit Kumar Bhalotiya and the company details are mentioned in the url: www.sparkrealty.com .. I need legal advice on how can we move ahead with this situation legally? How long the legal case can go? Do we have chances to get the refund from this developer through court?
Answers (5)

Answer #1
667 votes
yes! you can approch consumer court at the earliest.... with majority of the buyers will be plus point. what documents do you have as your supporting ? is there any time period mention for the project complition?

Best regards,

Adv. Jyoti Kolhe
Answer #2
788 votes
sir have you made any legal document while giving the amount for consideration. If yes then the whole amount is recovered from builder along with 18% per anum from the date of payment made to him. Regards
Answer #3
889 votes
Hi if you had made full payment and if you have details of your payments with your purchase documents or any details for which you had paid me the amount than you can file consumers complaint plus you can also file Private case for cheating and Before Magistrate court.
Answer #4
531 votes
Dear Client, Firstly send a notice through Advocate demanding execution of sale Deed and simultaneously for possession of plot. If he does not call you or send notice reply, file a police complaint, citing fraud by the builder, also citing same modes operandi in other areas. Also file a complaint in the consumer court in pune for losses. Such cases will take some time. Yes you do have a chance get refund and also for damages from the court.
Go ahead. All the best.
Answer #5
976 votes
Please approach the police station and file FIR explaining the way the builder has cheated you. Try to gather other people also who have been cheated and ask them also to file the complaint. With the huge amount of money that has been involved, the case will come under Economic Offences Wing. The builder will be arrested and steps will be taken for recovery of your amount.

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