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Author Topic: Non refund of advance amount by a promoter  (Read 2355 times)

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Offline bikseng

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Non refund of advance amount by a promoter
« on: April 08, 2014, 11:31:14 PM »
May I request for your kind advice on the following complaint and status as on date for getting early recovery of my hardearned money and justice. Please advise me next court of legal steps I should take against the promoter for recovering of money.

COMPLAINT
a)    Signed the Sale Agreement with the Builder on 17th August, 2012 for purchase of  one flat at 4/A, Harisabha Road, 1st Lane, Barrackpore, Kolkata 700122 under construction.
b)   Paid the builder Rs. 7.0 lacs (Rupees seven lacs only) by cheques by 1st October, 2012 towards advance against the total cost of the flat of Rs. 22.0 lacs.  Applied for house building loan with HDFC Ltd. for balance payment of Rs. 15.0 lacs which got sanctioned during September’12 but the Project was rejected by the bank due to non-submission of original Link Deed by the builder.
c)   Moreover, on enquiry with local Municipal office, it is understood that the project work has been stopped by the order of the Court due to some litigation on land issue for more than last one year, which was not disclosed to me by the builder at the time of signing the agreement.
   
d)   Delivery of the flat was agreed as per the Agreement signed between us was December’12.
e)   After a lot of persuasion with the builder for refund of the advance amount of Rs. 7.0 lacs, the builder handed over  me 4 nos. post dated cheques (one for Rs. 1 lac and balance three for Rs. 2.0 lacs each) in the month of March’13. All the cheques were drawn on SBI
, Kabardanga Branch, Kolkata vide cheque nos. 572164 dt. 30.3.13, 572165 dt. 15.4.13,  572166 dt. 30.4.13 and 572167 dt. 15.5.13.

f)   While one cheque of Rs. 1.0 lac got cleared from the bank on 31st March’13, balance three cheques got dishonoured subsequently due to ‘insufficient fund’.

g)   Lodged a diary in Haridevpur Police Station and also informed the Dy. Commissioner of Police, South West Divn., Kolkata in the month of May’13.   

h)   Also lodged an F.I.R at Haridevpur Police Station in the month of Aug’13.

i)   Served the legal notice to the builder thru’ my Lawyer against the bounced cheques.

j)   Since the builder did not refund the amount of Rs. 6.0 lacs within the notice period, filed a suit at Alipore Police Court, Kolkata and the Court has served Summon to the builder in September’13, which was not attended by the promoter.

k)   During the last week of November’13, the promoter, Mr. Santanu Bhaduri was called at Haridevpur Police Station in front of me and my advocate. During the discussion at police station, Mr. Bhaduri again promised to refund my money in full (Rs. 6.0 lacs) within three months in instalments commencing December’13. However, till date he has not refunded any amount to me.  It seems, he is trying to consume more time by making false commitments of refund of money.

l)   On 8th February, I was told by the concerned Police Officer of Haridevpur Police Station that they have already taken action for arresting the promoter, Mr. Santanu Bhaduri, but they could not yet be successful as Mr. Bhaduri’s residence is under lock and key and his mobile is also switched off.

m)   On 13th February’14, sent an email from my personal email id to the Kolkata Police Commissioner informing him the above status as on 13th February’14 and seeking help from him, which was duly acknowledged by his office and subsequently OC, Public Relations, Lalbazar had called me up on 14th February evening to get a brief on the issue and I was told that necessary action would be  taken by him.  Also received an email communication from Commissioner of Police, Kolkata, on 18th February’14 informing me that the Dy. Commissioner of Police, South West Division, Kolkata has been requested to take necessary action on this.

n)   My Advocate again spoke to the concerned Police Officer at Haridevpur Police Station over phone on 3rd March’14 evening in front of me from his chamber in Alipore Police Court, Kolkata and subsequently I also spoke to him over phone on 6th March’14 evening and understood that the Police Officer is on leave now and he assured us that necessary action shall be taken immediately on his joining back.

o)   On 6th April’14 afternoon I again spoke to the concerned Police Officer in Haridevpur Police Station and understand that he again spoke to the Promoter after his joining back. But the promoter denied to pay back the money now. Thus the Police Officer suggests to take the case to the Court for settlement.


( Bikram Sengupta )
09.04.14
******




Offline bikseng

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Re: Non refund of advance amount by a promoter
« Reply #1 on: April 29, 2014, 10:26:40 PM »
A large amount of Rs. 6.0 lacs is due from the promoter for about one and half years. I lodged the complaint to the police station for about one year back and FIR was made about 8 months back. Till date neither my hardearned money could be recovered nor the criminal got any punishment inspite of his making false commitment to the police station. Due to this delay, I am not only facing a huge financial loss but also getting mental harrasment.  I draw the attention of all the viewers to this fact and request for kind legal advice to be taken further by me. We should raise our voice from every corner to this type of criminals who are damaging the social envioronment and mental peace of general people by cheating all of us.

Offline advamrita

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Re: Non refund of advance amount by a promoter
« Reply #2 on: April 30, 2014, 08:24:24 PM »
As the matter is in court, u have to wait for court order, that will surely take time nothing to do on that count. I want to know when he agreed to pay the balance amount before the police, was that given in writing

Offline advsarmaroy

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Re: property verification is a must before purchase
« Reply #3 on: April 30, 2014, 08:35:25 PM »
U committed the classic mistake of not verify the property. U are supposed to hire a lawyer for that, first before getting into purchase of property. Just to save that 20k lawyers fee now u landed up wasting 6lakhs with tension and trouble as bonus
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline bikseng

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Re: property verification is a must before purchase
« Reply #4 on: May 01, 2014, 09:52:23 PM »
U committed the classic mistake of not verify the property. U are supposed to hire a lawyer for that, first before getting into purchase of property. Just to save that 20k lawyers fee now u landed up wasting 6lakhs with tension and trouble as bonus

Yes, I agree and accept my mistake. But, I did the mistake by believing a person, who looks like a gentleman and some more people also booked the property in the same area. Also the property varification was done by the bank. The fraud promoter insisted bank people also to inform me about the project approval verbally and I got the loan sanction letter from the bank. After getting the payment from me and clearing the cheques, I was informed by the bank that the project is not approved as the promoter could not submit the original title deed. Can you please suggest any solution to this problem or you appreciate that for my mistake I should be suffering with financial loss and mental harrassment and the criminal should not get any punishment.

Offline bikseng

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Re: Non refund of advance amount by a promoter
« Reply #5 on: May 01, 2014, 10:01:26 PM »
As the matter is in court, u have to wait for court order, that will surely take time nothing to do on that count. I want to know when he agreed to pay the balance amount before the police, was that given in writing

Thank you so much for your comments.  I have every faith on law and order, which is the only strength of my bearing this financial loss and mental harrassment.  The promoter has been making false commitments several times for the last one and half years. Moreover, he issued the cheques twice from two different banks which got bounced due to insufficient balance. Lastly he committed in the police station in the month of November'14 which was recorded by me in front of my lawyer and police.  How long I should wait to get the justice and how fast this type of criminals get proper punishment from the court.

Offline bikseng

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Re: Non refund of advance amount by a promoter
« Reply #6 on: June 10, 2014, 12:02:50 AM »
Since the 138 case is pending at the court, the promoter is now proposing for out of the court settlement thru' Police station and he is willing to pay back my Rs. 6.0 lacs by some installments.

I seek your kind advice whether 138 case will remain pending if I accept any instalment payment from the promoter or I should ask the promoter to settle the matter thru' court only against the case.

Please also advise how the police authority can handle the FIR lodged by me under law 420 against the promoter?

 

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