I was cheated by the builder, I lodged police complaint but no response

Legal
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1

Dear Sir
I went to purchase apartment flat from local builder in year 2017 and paid the amount till Dec 2019 in Chennai, and covid pandemic etc I went back and informed that I want register the flat but when I went to see, found out that the apartment flat was already sold out to another party.
Went to lodge complaint to Chennai City commissioner office and then transferred to local Chennai Royapettah police station, first they were keep delaying the process and when I lodged complaint to DGP office, within two days they called and all documents verification done, and waited for builder to come but on the day of my travel the builder came and handed over 75% amounts cheque and given weird reason of deduction, I asked when I didn’t buy then why u are deducting? he said if you want this take or else go to court.
I didn’t take and travelled but police were keep chasing me to collect PDC cheques and handover original agreement. I lodged CM-Cell complaint and police also closed saying that I have collected 3PDC, I landed again to chennai and went to local police station, COP, DGP and CM-Cell offices.
Also I hired local advocate but he also joined hand with builder and helped local police to close the complaint and asked my wife to sign the letter which was in Tamil language and my wife doesn’t know to read/ write but advocate threatened her if you do not sign then you will lose case, then she took three cheques and deposited first cheque and surprisingly 1st cheque was bounced.

Then I sent legal notice to builder and he responded that he do not owe any money to me or he took any amount except the advance amount of Rs.6 lakhs but I paid 11 Lakhs and have proof from bank statement.
I lodged three police complaint, online complaint to everywhere, where fraud contains, including women helpline, distress helpline, CPGRAM, INGRAM, NCW, NCH and state all authorities including CM-Cell helpline, it shows that my complaint is active with local police station Assistant commissioner but its more than two months no response, and I am repeatedly informing them to file F.I.R. but they are not filing, went to station and personally but they fooled me that they will file but diverted to another point of area.
It is sure that the builder had paid some amount to close or not entertain the case, also I saw his first letter to the local police station (at the time of arbitration, in my absence) that he mentioned "as per your instruction given to me, I am refunding 75% with three PDC cheques.

The builder response in legal notice as he mentioned that he doesn’t owe money to me and he sent legal notice to the local police station to return back those 3pdc to him.
I lodged three online police complaints to file F.I.R. against him and to recover 100% from him for my and for my sister in law.
And tomorrow I will send emails to all those police authorities, DGP, COP, JCOP, DCP and human rights, also to those principle secretaries to government authorities.
my other two sister in law also got cheated from same builder.

Kindly advise what shall I do, what steps I have to do take back my amount from the builder, the police authorities are not listening my grievances or complaints, sent emails and registered post as well but no action as of now.

Kindly assist me on the above issues, brothers and sisters

Thank you so much in advance

Best Regards
Sammy

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2

Dear @Sammy123

As per your concern, the builder has engaged in fraudulent practices and the police aren’t taking your case seriously. In this case, the only option is to file a legal case against the builder with the help of a lawyer.

Your situation is complex and involves multiple layers of legal issues. A lawyer can guide you through the process of:

  • Filing a formal complaint: A lawyer can assist in the previously lodged FIR to the police and ensure it meets all legal requirements.

  • Civil litigation: You can sue the builder in a civil court to recover the money you paid. This will require evidence of your payments, the builder’s breach of contract, and the fraudulent sale of the property.

  • Negotiation: A lawyer can help you negotiate with the builder to reach a settlement outside of court. However, given the builder’s past behaviour, this might not be feasible.

Note that hiring a lawyer is important in your case.

I understand you’ve tried to seek help from various authorities, including the police. However, it seems your efforts have been met with inaction or a lack of seriousness. It’s imperative to remember that legal representation is essential in such situations.

I strongly advise you to consult with a known lawyer immediately. They can advise you on the best course of action, help you gather evidence, and represent you in court.

I hope this advice helps.

Still, have questions or doubts? You may reply to us.

3

Dear Sir

Thanks for your response and update. very much thankful for your time for reading the message and response given.

As you have mentioned to hire lawyer to discuss the case and he may guide me recovering the funds from the builder.

Yes that’s true, but as of now I hired three lawyers, haven taken legal consultations with more than 15 advocates, lawyers. But those three lawyers have played drama and given assurance that they will not only bring back my paid amount but with interest as well.

One lawyer had given full assurance and confidence but joined hand with builder, his friends and with police to close the case, and he took over 60K as fees and were demanding more fees of amount 200k, the police were unable to close the case and to convince me for 75% of recovery officially but he did it with biggest drama, but indirectly helped police to close the case and he is Madras high court known advocate, the 2nd one also played drama very efficiently and helped the 1st advocate in other hand.

Now the third one has started to play the scene, informing me that builder’s lawyer would like to discuss with the legal team who handled the legal notice to the builder of cheque bounce, saying that builder’s lawyer would like to discuss and to settle the fund amicably and were seeking my permission, when I said please proceed, they were demanding fees of amount 50k to arrange meeting to discuss and remaining 50k before the settlement of recovery from builder, for me 100k and for my sister in law 100k.

Seems like same drama were played by the previous two advocates. I have spent more than 7 months to finds solution online, paying lawyers fees, and fed-up with these activities, spending money to advocates etc.

Kindly advise what to do

Thanking you