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B*Hey, Practicing High Court lawyer here!*
If the room dimensions were shown in the brochure/floor plan at booking (13’6″ x 11′) and now reduced to 13′ x 11′ without your consent, it can amount to deficiency in service and misrepresentation under RERA and Consumer Protection Act.
Even if the agreement only mentions SBA and UDS, builders are legally bound to deliver what was promised in marketing materials/floor plans shown at booking stage.
Here’s what you can do:
1. File a complaint with RERA in your state — for deviation from promised specs.
2. Send a legal notice demanding rectification or cancellation with full refund + interest.
3. File consumer complaint if RERA route doesn’t work.Minor design changes may be allowed, but room size reductions without consent are not.
B*Hey, practicing High Court Lawyer here!*You should immediately deposit the cheques—if they bounce, send a legal notice under Section 138 NI Act and prepare to file a cheque bounce case (criminal offense).
At the same time, file a civil suit for recovery based on the MoU, cheques, and sale agreement. This lets you claim ₹10L plus interest and even request the court to attach his property.
Asking for a sale deed is risky unless he’s fully cooperative and the land title is clear—do proper due diligence.
Don’t wait for the MoU to expire. Act fast. Cheque bounce + recovery suit together will give you the strongest legal footing.
B*Practicing High Court Lawyer here!*Since you have proof—payment records, chats, and call recordings—your case is strong. First, send a strong legal notice through a lawyer demanding full repayment. This alone can sometimes push people to return the money and you will not need to burn money in a full fledged court case.
Alongside that, deposit the cheque he gave you (dated 5 Feb 2025) before it expires—ideally before 5 May 2025. If it bounces, the bank will give you a memo. After that, you have 30 days to send a legal notice under the cheque bounce law (Section 138 NI Act). If he still doesn’t pay within 15 days of the notice, you can file a criminal complaint in court.
BCan you tell me what legal route he has confirmed going forward and also, if he is taking the fee upfront or will be taking it in the trenches according to the stage of the case?BHi, practicing High Court Lawyer here!I’m truly sorry to hear what you’ve gone through — it’s heartbreaking to see such hard-earned money being mishandled, especially after putting your trust in a company that came across as credible.
From what you’ve shared, there are strong legal grounds to act — including for cheating, breach of trust, and unfair trade practices. Here’s what I’d suggest as a next step:
1. Send a legal notice to the company and the individuals involved, clearly stating the breach, false assurances, and the unfulfilled refund commitment.
2. If there’s no response, you can file:
* A criminal complaint (for cheating and breach of trust),
* And a consumer complaint (to claim a refund and damages for mental harassment).
3. You may also consider approaching the Cyber Crime Cell or Economic Offences Wing if you suspect a pattern of similar frauds.Feel free to reach out if you need help.
