Consumer Case

Cheated by builder and money stuck

I and my wife purchased a flat from Oakland New Gen Developers in March 2011 by making a payment of 11.24 lakh by cheque. The project did not receive government approval and was postponed on one reason or other till 2015. After that, the builder announced that the project was cancelled. I was given 3 post dated cheques of Rs 3,00,000 (1-8-2015), Rs 4,00,000 (1-9-2015), Rs. 4,00,000 (1-10-2015). Rs. 24000 was deducted as some fees, which I agreed as I wanted my balance money back. All the cheques bounced due to 'insufficient funds'. The builder's office is shut since many months and his landline numbers are not working. He and his people are not taking my calls on mobiles, and are not responding to my SMS or emails. What is the legal process to get my money back?

Expert Advice


In my opinion you can choose to proceed with both Civil as well as Criminal actions u/s. 138 of the NI Act, a summary suit based on any communication/instruments where the builder admits his liability. Per recent notification, you can also choose to move an FIR against the builder for his defaults.

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You can choose to approach the consumer court for relief. In addition, depending on when the cheques were issued, a cause of action under the Negotiable Instruments Act can be issued. The best course of action is to send the developers a legal notice, which will help you understand the other party's intention and will help you frame your legal case.

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Adv. Manish Acharya

Partner
LawLeo.com
Andheri , Mumbai

DISCLAIMER: The guidance provided above by the lawyers is based solely on the limited information made available to them by the respective querist. These answers are general guidelines and not specific legal advice or legal opinion. All answers are made in individual capacity and do not reflect the opinions of any employer or organisation. Kindly refer to MyLegalWork's Terms & Conditions of use.

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