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Builder not returning amount paid to him for booking


17-Feb-2023 (In Consumer Court Law)

I had paid 3 lakh to a builder/colonizer as an advance for a society plot in Noida, but somehow he did not get the possession of that plot. He gave us post dated cheques to return our money but then he started requesting us not to put cheque in bank as he will pay us cash. He has never denied to pay money, but never paid also. I last received his message on January 29th that he is in Bombay and will call us once he is back. Now he has switched his phone. The Cheque he gave is of July 7, 2014 date. Please advise what legal action can be taken against him and how can I get my money back.

Answers (3)

Answer #1
517 votes
Given the circumstances, we have many options. We can file a suit for recovery of money. Also after going through the cheques and details we could come to a conclusive opinion about filing of complaint under NI Act. You are suggested to meet or contact for conclusive opinion.
Answer #2
692 votes
You can file a consumer complaint against him in the District Forum for delay in delivery in possession and deficiency in service.
It is advised that you send him a legal notice demanding refund of money along with interest. In case he fails to pay within a month, file a consumer complaint under the Consumer Protection Act.
Answer #3
836 votes
You have the option to file a criminal as well as a consumer case against the said builder. The consumer case for recovery of your amount and the criminal case for the recovery of that builder who is absconding. Thanks

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