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harassment and cheating by real estate developer in Bangalore(Bengaluru)

05-04-2012, 04:33 AM (This post was last modified: 05-04-2012 02:29 PM by Expert.)
Post: #1
harassment and cheating by real estate developer in Bangalore(Bengaluru)
I have invested in a real estate developer from Bangalore, on my friends recommendation in September 2011 (month of signing the agreement to sell document), along with the verbal guarantee from my friend and the developer that anytime i can get the investment back upon my request, with the prevailing market rate at the time. This money actually I had kept from selling a site as I was not well for several years and for my medical and day to day expenses and also I need to go through a surgery in near future. The real estate developer and my friend helped me in disposing a site which I had to sell as I was having poor health for past several years and also had to retire from work. They also took 2percent commission from me for the services to sell the site. Ever since the site was sold the real estate developer started coming to me proposing to buy a apartment that he is going to start building. After confirming several times with my friend that the investment is a safe one to do only I agreed to sign the contract and make the payment. The real estate developer mentioned in the agreement that he would start the construction in oct 15 2011. But he has not started the construction till date. After I paid the advance amount which is considerable amount of my savings throughout my life earnings the developer did not respond or try to contact afterwards. As I became suspicious I inquired in the first week of December 2010 to pay back my money. He promised that he will pay the advance amount by December 2012 then postponed to January 2012, February 2011, March 2012 and finally in March last week he said that he came up with several statements such as 'he will start the project very soon', 'his other businesses are affected and not having sufficient funds', 'he will offer me another apartment at another location in Bangalore that is already constructed'. Whereas when I insisted upon repayment of money immediately he said that he will pay the amount in installments from April last week onwards and suddenly cut the phone. I felt hopeless in further holding any communication to him. He did not even confirm that the project plan approval has been done or not till date.
He is also refusing to give the receipts which he promised while the time of signing the agreement to sell as of September 2011. The only mention of my one time payment as advance is mentioned in the agreement to sell document.

Can you please suggest what action i need to take to proceed legally to get this advance money back from the developer.
Also
1)Does the verbal agreement from my friend and the developer that I can avail my money paid (as advance towards the purchase of the apartment) upon cancellation of agreement will anyway considered as vaild point in my case.?
2). Do I need to issue a written notice to the developer for cancellation of agreement and refund of advance paid?. If so do I need to engage an advocate.? This falls under Bangalore jurisdiction.

3) Is not giving a receipt for the amount paid is an offense on the part of the seller.? Even now he is refusing to supply a receipt for the onetime payment made. In what way I or my case will be affected if I do not have the receipt. Please note receipt of payment is acknowledged as part of the agreement to sell document.

4). Can I get my legal fees reimbursed from the developer
5) Can I atleast get bank interest for the advance amount from the period of signing the agreement.
6) If the amount involved is high is there any provision in law to ensure the faster remedial action for the purchaser.
7) I am also handicapped physically and also have been taking medicine for depression for about 5 years and may not be able to visit his office or the court several times. Does it help (or be considered as a fact) in faster remedy through consumer court or civil court?.
8) I am now forced to get back to work from February 2012 in order to make earning for my day to expenses. Can I represent this as a point in my case application for redressal.
9) The most worrying thing is he does not pickup my calls and even few times (maximum 2 to 3 times ever since I signed the contract) when picked up the call he always says 'i am in a meeting i will call you back later' and never calls back again. Even my friend who recommended to invest in this project is not helping in anyway now a days citing various trivial reasons (like he has personal work, not in town etc.). I am now started worrying whether I have been cheated by both these people as the amount i invested is quite high. It almost looks like my health also will go poor if this episode continues.

Please advice
thanks
srikm
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05-04-2012, 02:26 PM (This post was last modified: 05-04-2012 02:28 PM by Expert.)
Post: #2
RE: harassment and cheating by real estate developer
In my city court, it is littered with two types of cases : 1) Divorce 2) Property.

I'm sure they will not return your money easily. Don't go to court, you won't get any solution apart from legal fees.

Tell them that you are going to file FIR under different sections of fraud, forgery, cheating etc. Police can file FIR. But you need to pay little bribe to them in the name Mahatma Gandhi. Smile

About depression don't go to Psychiatrists, they'll kill you. I want to recommend you a site : Emile Coue. He used to cure everybody easily with full surety. Contact the forum there.

It is not the amount that matters. It is more of my self-respect as an educated consumer!Shy
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 Thanks given by: srikm
05-04-2012, 07:55 PM
Post: #3
RE: harassment and cheating by real estate developer in Bangalore(Bengaluru)
thanks for the advice and i have initiated legal procedure.
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28-05-2012, 03:55 PM
Post: #4
RE: harassment and cheating by real estate developer in Bangalore(Bengaluru)
Srikm,
On seeing your post on “05-04-2012, 04:33 AM (This post was last modified: 05-04-2012 02:29 PM by Expert”,

“The real estate developer and my friend helped me in disposing a site which I had to sell. They also took 2percent commission from me for the services to sell the site. Ever since the site was sold the real estate developer started coming to me proposing to buy a apartment that he is going to start building. After confirming several times I agreed to sign the contract and make the payment. After I paid the advance amount the developer did not respond or try to contact afterwards. He is also refusing to give the receipts which he promised while the time of signing the agreement”.

My doubts are:

1. Had the Builder got plan approval for the apartment from the competent authorities?
2. Had you signed the agreement for purchase of a flat in the apartment with the Builder?
3. When the money was given to the Builder? (after plan approval or before plan approval).
4. How the money was given: by cash or cheque or DD?
5. Don’t you know that payment without proper receipt is at risk?

While purchasing a flat in an apartment these are the basic fundamental things to be taken care by a consumer.

Rajgopalan
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 Thanks given by: rag_gupta
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