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How to recover the advance paid amount from real estate/builder
13-Aug-2023 (In Consumer Court Law)
Dear sir I have paid an advance amount for booking an apartment and till now the builder has not given the flat allotment letter to me.I had been in touch with them for the same for more than an year.But i have to get back my paid money.they are telling to submit all original copies of receipt,Mou and get the cheque from them.Is it correct for me to provide all the documents for cheque suppose if it bounces whether i will be able to file a case against them with xerox copies of the same.Kindly advise
Dear Querist,
As long as you have the receipt issued by them that they have received the booking amount you can be rest assured that you can get back your money. Without cheque also you can file a case, with the cheque u will have additional remedy if the cheque bounces for insufficient funds then u can file a S.138 cheque bounce case. In the former, case, with receipt of booking amount, you can file a suit for recovery of money.
Pratap, Adv
As long as you have the receipt issued by them that they have received the booking amount you can be rest assured that you can get back your money. Without cheque also you can file a case, with the cheque u will have additional remedy if the cheque bounces for insufficient funds then u can file a S.138 cheque bounce case. In the former, case, with receipt of booking amount, you can file a suit for recovery of money.
Pratap, Adv
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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Dear Sir/Madam, before going to submit the all original documents you have to take endorsement for the same, and thereafter you have to submit subject to realisation of cheque. Suppose, not honour the cheque you will be able to file cheque bounce case and consumer court for compensation, and also you have to file recovery suit against them with their endorsement.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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Do not provide them the originals, you may ask them to do an online transfer of the refund to your account and once you have received the same go ahead with cancellation and return of documents.
It is further suggested if you file a case and win it you will get an interest on the deposited amount as well as some compensation for the mental harassment.
It is further suggested if you file a case and win it you will get an interest on the deposited amount as well as some compensation for the mental harassment.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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