- This topic has 37 replies, 28 voices, and was last updated 1 year, 4 months ago by
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USo, my father booked a flat in 2014 and paid around 22 lakhs rupees for the flat. The builder promised a lot of things like lift, parking and other amnesties along with the flat. But there no “naksha”.
Since the start he didn’t show us the approved naksha neither gave it to us for approval of loans. My father took personal loans, sold jewelleries and other things at the time to pay for the flat and paid the whole amount.
He only got an agreement (Idk if I can share it here but maybe in DMs) which mentions that my father has paid 22L and is supposed to pay 8L more for the flat. And if the construction is not completed for any reason he will get back 19.5L back.
But seeing that no construction was going on, he didn’t pay another 8L and has been cutting rounds with the builder for the past 3 years to give him his money back.
We also went to the police but the police is saying that we should come to a general agreement by ourselves and they can’t help us.
The builder only gives us dates that come after 2 days, 5 days and blames us for not paying that 8L (as if those 8L stopped him from building a 4 floor building).
I don’t know how other people who invested along with us are doing but we tried and failed to gather them for a united front.
What should we do?
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RDo you have a binding legal contract? If everything was agreed to verbally, I’m afraid there is very little you can do in that case.
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UI think it’s a legal contract. NAL so don’t know much. Also ver less exposure in the area. Everything is printed and signed on notary paper
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UI’m not sure how old are you but the statement you mentioned here is “naive” and sounds “unbothered”. If 22L is a big amount for you then visit a professional lawyer, get the document read, understand if you have a case, find other people who might have been cheated by this lawyer and get some real work done.
I’m surprised at how we just want to do anything that can be done with mobile phones!
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UCan you elaborate what is the meaning of resale in this context? You mean when a property is sold again by a previous owner?
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Ryes, people have already moved in, all permissions, water-electricity-gas-internet pipelines are in place. there is a Society formed (Residents welfare org in mumbai they call it society). Parking situation is all in place. Technically nothing is pending to be done. then you purchase that. It costs more, but not more than hassles and lawlessness we have in real estate.
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HContact a lawyer to send a legal notice and file a consumer complaint. The builder’s failure to deliver as per the agreement is a deficiency in service, and consumer courts can help you recover the amount, along with compensation and interest.
If the builder refuses to cooperate, consider filing a civil suit for fraud of ₹19.5 lakhs, plus interest, legal costs, and damages for breach of contract.
If the builder is registered under RERA, you can file a complaint with the Real Estate Regulatory Authority in your state. RERA protects consumers in cases of real estate fraud and breach of agreement, and they can help resolve the issue.
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UWe sent a legal notice but they sent one back saying that it’s our fault that the building is not constructed and he’s facing losses due to this
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HSend a legal reply to the builder’s notice, rejecting his claims and reaffirming your stand. Your lawyer has to emphasize that the failure to complete the construction is the builder’s responsibility, as per the terms of the agreement. Additionally, you should stress that the builder’s losses are not your liability, and you are entitled to a refund as agreed upon in the contract.
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UAlso main point to be added is that you would be adding an extra penalty for the delay which has to be highlighted, so that builder comes in terms with the original amount atleast. And any work process approved or rejected from the municipality or relevant body should be provided with proper documentation to claim work progress.
Take some photographs of the current plot and attach it with your notice.
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EThere is only one option. Get a good lawyer and go to court. It will take 5 to 8 years and sooner you start, the quicker you will get your money back. Assuming all money was paid via bank of course.
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PForget about cash cause it is very hard to trace. Hire a competent lawyer (preferably someone you know) but make sure to be very clear about what your outcome needs to be and what will be his cost. If possible make a binding contract. Lawyers also can’t be trusted in this country’s judicial system.
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UGood enough I think this is a legal contract see the position right now is that registration has to be done within 4 months but the position at that time would have been different so you will have to read the law which was prevailing at that point of time you can read India Kanoon now let me tell you about law of contract contract happens when there is an offer and there is acceptance along with consideration so here all three things are there but this is not ordinary contract this is contract with regard to Transfer of Property so Transfer of Property Act will also apply and so it has to be registered this is the position right now but at that time it depends what law was also understand that if the contract is not done you can pursu Civil and criminal remedies also civil remedy will be ke bhai you will get damages that means you will get the money along with interest and criminal remedies are usually faster but that is to get that person into jail and you will not get money out of it like criminal remedies are usually to build pressure
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Uoh man.
Giving money in india to people is fun.
Just don’t do it. If you really want, get a 3X property registered in your name before you giving it.-
DIf this was the US the builder would have had to strip naked selling all his shit to recover the money.
Besides this country is so shitty in other countries the route to invest into un developed housing projects is different. Here the buyer has to directly invest without the construction ever starting.
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QYou are making the same mistake your father made 10 years ago.
Coming to a free informal forum, instead of spending money on a good lawyer and recovering your money.
To save a few % on transaction fees, don’t lose the asset (flat or cash).
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Sproblem is that why they waited for 10 years, offcourse he is not in authority to take action….
10 year old agreement will help in courts, flat is not developed, it’s not a piece of land but flat etc
yes professional is the last option( but ensuring honesty of a lawyer of civil court in property cases is hard to believe or digest)
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Ssee they are doing this with all…
why they do this…
it’s like repeat this fraud with 20 people boom 4.4 crore easy money
do betting bu plots, return money without interest…
if they also got scam they easily digest your money…
they know that time is the solution to digest black money.
court will ask source of money, why you didn’t pay through cheque, when you withdraw money from bank…
court take time like decades…
they choose baniya, with young children only…
frequently Punjab and Delhi people bought merchandise from other state, then don’t pay… our judiciary and black money system is benefitting this fraudster…
I will also read other comments on this post
22 lakh in 10 years like more then 2 to 2.25 crore in 2025 for any property…
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SUnfortunately india follows a sell and build model.
So, the customers are always at the mercy of the builder. And builders know they are powerful money wise, muscle wise and have a battery of lawyers. So, the common man cannot fight them. Rera is a paper tiger with no power.
The system is rigged. If you lose, you lose. That’s it.
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DPlease make sure, he doesn’t leave india. With the dunki route. Then no one gets anything. Make sure to file a complaint with the external affairs ministry, with his name and company information. So that atleast they can flag his passport. None of them think about this aspect. As more and more corrupt folks are just disappearing without having to pay anything. Just saying. I hope someone takes this aspect seriously. Taxpayers without any representation 😩
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PNAL,
Check if the builder and the said project of which your flat is situated is registered with RERA or not. If yes then file a case there.If not registered then go to the consumer forum.
As per my understanding it’s a civil dispute and the police will do nothing (like they always do.. nothing).
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