I wanted to seek legal advise for a situation that i faced in 2007 and unable to yet resolve it.

We wanted to buy a flat in Andheri East near Off WE hHighway in a apartment directly fromthe builder. We paid him Rs. 1,00,000 for the booking of a flat in their building in Andheri East in Aug 2007 via a cheque. The builder encashed this cheque with the following details was encashed by him in the name of his another company.

Cheque No: 370348

Bank: HDFC

Date: 23.08.2007

Favour of Zosh Media

Amount Rs. 1,00,000

I also have the proof of this withdrawal in the Bank Account Statement.

We had agreed to try to sell our current apartment so that we can make payments towards this new apt. The discussion was held in the Site office on 15th August, 2007. We all agreed that we can take a 90 days time to try and sell our place. Beyond which the builder wont wait for us and will sell it to the first customer who approaches them. He also assured us that we were like his children and in case we genuinely could not make the deal happen, he will return our money. Since we could not get any buyer for our place we informed his son that since we have gone past the time of 90 days allotted to us we are not in a position to book this flat and as agreed they should repay our money.

Inspite of constant calls we were always given some excuse and finally we decided to take legal help for the same.

Can I get justice in this regards?

Regards,

Ash