• Cancellation of booked flat

I have booked a flat in a pre-launch and paid 3.5 lakhs as booking amount. I was told that registration would start after 6 to 9 months. But due to financial crisis i had to Cancel the Booking after 8 months and they agreed. Initially they said it would take 45 days to complete the cancellation process, but now its being around 3 months, i didn't got any response from them. I have dropped email many times, but they don't respond to any of my emails. Also when i try to call on the number they have shared, that person says even they don't know when it will be processed.
I have got a pre-allotment letter from builder while booking which states that if i cancel the booking within 1 year i would get a refund of complete amount along with interest.
Can you please help me on how to proceed now.

Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. This is typical problem with the builders.

2. However there is nothing to worry. Send them a legal notice asking for refund withhin a time frame.

3. If they refuse to refund then file a case before the consumer forum where you apart from getting refund would even get damages, interest and compensation.

So do as advised above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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Issue legal notice to builder to refund your money with interest

2) if builder fails to pay file complaint before consumer forum and seek orders to direct builder to refund your money with interest

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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1) As your emails are not being responded to and the executives are giving you evasive answers, you need to send a legal notice to the builder for refund of the amount paid with interest.

2) If he fails to respond positively, you can file a suit for recovery in a civil court having jurisdiction and demand the refund with interest and the cost of litigation.

3) There is no reason for you to delay.Act promptly and engage a lawyer to send the legal notice at your earliest.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

You can first issue a legal notice communicating to him that you have cancelled the booking of the flat. and ask him to refund the amount as early posible.

After that you can drag him to consumer forum

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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