• Non refund of investment by builder on shelving of project

I am a retired, salaried Army officer.All my dealings are in white.
SKM Cambrian Forest, Sector-95, Gurgaon  project was initiated in 2011. My wife invested in a 3 BHK, 1931 sq ft flat: Booking: Rs5,00,000/- on 29 Feb 2012; down payment: Rs 31,36,202/- on 01 Sep 2012. Receipt is held with me.
Learnt in Apr 2013 that project has been shelved. Confirmed orally by SKM office in May 2013.
Since May 2013 efforts to get refund of investment have been in vain. 
In Dec 2013, SKM has stated orally that it will bring up the project. I am convinced SKM is lying.
I want refund of my investment at the earliest.
Asked 3 years ago in Property Law from Meerut, Uttar Pradesh
When the project itself has been shelved the builder is obligated under the law to refund to the prospective buyers the advance amount paid. You should sue the builder in the civil court to recover the amount paid after issuing through your lawyer a legal notice to the builder. The builder cannot escape his liability to refund the amount together along with damages.  

You may also file a criminal case for breach of trust and cheating against the builder in addition to filing a case for recovery. Do set the legal process in motion soon as the time limit for filing a case for money recovery has already started ticking.
Ashish Davessar
Advocate, Jaipur
19229 Answers
484 Consultations
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You should give notice to the builder; and proceed against him before the local consumer redressal forum for speedy resolution of your grievances.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

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