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Paid 10% developer send to some other person not returning money


16-Feb-2023 (In Property Law)

I have given money in respect of buy flat in noida near extension and paid 10 % money. But in respect of paid money they dint give any agreement and now he sell that flat to other one and he said to return the money .however, he had return only partial amount and rest of money he take 2 month time to return, but now he is not returning and not receiving my phone and not giving any response. How can I get rest of amount return in legal way, please suggest.

Answers (3)

Answer #1
530 votes
Dear Concerned our office have recently received many such complaints against the developers and we have taken necessary steps in form of criminal and consumer complaints. You need to file a criminal complaint along with consumer complaint.
Answer #2
962 votes
Dear sir,
you are required to send him a legal notice for that kindly share the copy of the application form against which you made the booking payment and details of your e-mail correspondence with the builder. Accordingly I will be able to help you draft the notice.

Please free to contact in case of any clarification
Answer #3
535 votes
Yes you can proceed against him. Although you made a very big mistake in giving him the money without asking for any payment proof stating for what purpose he was taking that money from you.
This would have been very useful to proceed against him. Now as you have no receipt and no written promise or agreement from him so we will be required to proof each and everything before court.
A promise can be oral as well as in written form. So we can plead before the court that it was on oral promise by the builder. You must be having your account statement which would help us prove in the court that you paid the money from him. Then we can state that it was given for flat purchase. Subsequently we can proceed

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