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Fraud done by builder please advice
17-Jan-2023 (In Property Law)
Dear Sir, I bought an under construction Flat in Bhiwadi from Piyus Builders, with buy back deal. I took a home loan & a significant amount got disbursed to builder. As per deal they started paying monthly EMI in my account. It continued for a year but from last 7-8 months they have stopped transferin EMI amount in my account. When I tried to contact they are not traceable. They are avoiding me. Now I am receiving Legal notice every month due non payment of EMI. Kindly advise me how we could resolve & settle this issue.
Multiple remedies are available to u , the first is you can approach the consumer forum for the redressal of the problem or you can file a recovery suit for the amounts withheld along with a simultaneous criminal complaint for criminal breach of trust and the misappropriation of the money .
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Preliminary opinion: You need to send a legal notice to the builder. If you have a valid agreement or an oral agreement in presence of independent witnesses then you might initiate penal action against the builder. For a detailed opinion would need to see the site plan of the place, offer brochure and the agreement you made with the builder.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Dear Sir,
Please file a criminal case of cheating and a consumer complaint against the builder and make bank a party. It is the only remedy as you cannot stop the bank from seeking repayment of loan.
Please file a criminal case of cheating and a consumer complaint against the builder and make bank a party. It is the only remedy as you cannot stop the bank from seeking repayment of loan.
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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You can immediately get issued a legal notice to them stating your grievances.You can file a suit for recovery along with interest for the principal amount paid.You can also seek specific performance of your contract.Besides this file a criminal complaint and get FIR registered if police not working on same then simultaneously file 156(3) in Metropolitan Magistrates court contact for further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Sir the information given by you in incomplete for me to give a legal opinion on .. as i undwratand you chose the buy back option and started depositing EMI in your a/c then how do they send u legal notice regarding your non payment . Also its imp to know the status of the construction.
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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Hello,
Before giving the answer to your question, can you please inform me of the status of the legal notice?
Now, 1. I would recommend you to go and have a conversation with the bank and inform them of your situation.
2. Lodge an FIR
If possible, do visit me with relevant documents, if you need further guidance.
Before giving the answer to your question, can you please inform me of the status of the legal notice?
Now, 1. I would recommend you to go and have a conversation with the bank and inform them of your situation.
2. Lodge an FIR
If possible, do visit me with relevant documents, if you need further guidance.
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Adv. Jayatee Chatterjee
Delhi | 200+ 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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