- This topic has 31 replies, 16 voices, and was last updated 1 year, 5 months ago by
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UI’m (F30) and mum (65) were supposed to buy an apartment last July and have paid the builder 5.30lakh as an advance, we don’t have an agreement, he has given a receipt of payment received, in August my mother was admitted for lung issue, and is still ongoing because she needs transplant now, the health deteriorated, now the builder is refusing to return the money, gives reason saying he’s waiting for someone to buy the house and now he said he has a loss because of which he won’t pay, we’ve been asking him to return the money, also informed the medical issue, he’s not even talking to us. I need the money for mum’s recovery, every amount we saved to buy the house has gone towards it, we don’t have anyone to help us. And we can’t go to the police because the builder is not helping us.
Please advise what can be done. I’m not in a position to lose it.
Thank you in advance. -
C>And we can’t go to the police because the builder is not helping us
What is that supposed to mean?
If you want to recover your money, file an FIR against the builder for cheating asap! Don’t expect the world to help you out if you can’t even take basic action!
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UThey have told us there was no agreement and only a payment receipt, we cannot go to the police. That’s why wanted to check with others to know how to Proceed.
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KYour receipt is with a revenue stamp, right? You can take the receipt to court. Find a good lawyer. My builder disappeared and could not locate. So take them to court before they disappear.
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MEither go to the women branch of police station, or if your receipt have any stamp which holds legality, then approach the court directly for cheating. Do both of these simultaneously, it will benefit your case.
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UThe stamp is not on the document, there was no agreement because we were supposed to buy the house within a month, but because of my mum’s sudden medical diagnosis we were unable to,
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QHas the reciept mention of allotment of house/property on the reciept if so it will have terms and conditions where the money you gave was earnest money (commitment fees) for booking of the property that makes the money unreturnable but since that reciept would have property details you can transfer the property to someone else and get your money from the new allottee talk to a property dealer registered with Rera
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UThank you so much for your inputs, it’s been an immense help and brought confidence that I’ll get my money back.
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Swith poor judiciary and police I guess it’s very hard to get money from builder, broker or agent type person…
there actual business is to digest advance money like this to build house for themselves..
even if it’s black or cash then things become more worse…
we are sleeping, our parents choose congress because they all are par in doing wrong things…
yes please follow other people advise..
for future always think how this people do wrong so easily with you, myself or anyone.
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PLett me tell u the truth , u cannot recover the amount unless u want to have a hard battle and willing to spend years, thinking it’s an emergency fund alternative resources to help your mom , hope she recovers and gets well soon
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ILet’s keep a few things clear here,
You paid the token amount as a promise to buy the flat, but due to some unfortunate reasons you cannot proceed on this, a few things are not clear in this, like the
% of the token was paid,
what kind of a receipt is that?
How much was said to be paid by cash and how much was through the bank?
Were you going to apply for any loan for it?
All details are needed, besides that if the builder has said that he will not return the money then what is the reason behind it? Did you have a bad argument?
Obviously nobody can eat your hard earned money, there can be a few solutions, like you can try and refer him some buyer or best you can ask him is to hold some money like 10% or something and ask for the rest based on your mom’s medical condition.
Please give more information in detail.
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UThe total cost of the apartment was 55 Lakhs.
Non stamped – details of the purchaser and seller, amount paid and amount due. Signature of both parties.
My mother is in the CCU, for a lung ailment, if condition deteriorates and she doesn’t respond to the medication she will need the transplant, they’ll add her to the list.
No bank loan, we had the complete money from my parents and my savings.
Payment was made in the last week of July, we mutually agreed to complete the registration in thr 1st week of September during Ganesha Chathurthi festival.
After my mother’s health issue worsened in August we informed that we are unable to complete the purchase as the doctors advised my mother needs medical care and the expenses associated to it.
Lost my father in March 2024, and we were in a joint family, after his death the family separated, mother and I wanted to stay in a smaller and secure place.
He said he’ll return the money once he gets a new buyer, or by the end of November, we agreed. But now he says he hasn’t found any buyer and is delaying.-
IWell, since he has agreed that he will refund you can’t go to the police, these builders are those crocodiles who won’t spare the bite, I would suggest that you please connect to a nearby broker who can help you find the buyer for it, also communicate with you builder that you will help him find a buyer, either you go by police/lawyer obviously some amount will has to be forgotten, so better offer that amount to the broker like 5% to 10% of your token amount if he can help you! Meanwhile obviously he will get some commission from the buyer end too, I wish you luck on this, you must handle this situation with extreme care, just don’t lose your calm until you get the money in your hand.
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