I have Booked my flat in 2012 however I have not received possession till date. because of that I have decided to cancel my flat and ask for refund to builder with 9 % interest as per agreement. Problem is builder is not acknowledging my cancellation email nor coming for meetings to discuss regarding refund schedule. what should I do in this situation?
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1) send legal notice to builder to refund your money with interest as you have canceleld your booking by email dated __________
2) if builder fails to refund file complaint before consumer forum sseek refund with interest , litigation costs and compensation for mental torture undergone by you
Emails wont serve the purpose. Serve a lawyer's notice to the builder to cancel the agreement and seek the refund of the money paid to him with interest. If he does not pay back then move to consumer forum through a complaint case and seek recovery of principal amount with damages.
1. DO not run around the builder anymore. it will make you round for years together.
2.You have given him enough notice.
3.Now file a case before the Consumer Forum seeking refund of money.
3.The consumer forum would not only refund you the money but give penal interest along with compensation and damages.
5. So do accordingly.
immediately issue a legal notice through your counsel and if the builder is not making the payment within notice period then you may file a complaint before consumer court or file a civil suit for recovery along with interest and compensation.
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If I go through consumer forum/court , How long it will take me to get my funds back? what is cost and time involved in this process? My flat is near possession now. I have two choices either cancel and get refund entire amount with interest or take possession and launch compensation complaint. which is better one? Thanks
district consumer cases take around 2 years to be disposed of
2) legal fees vary depending upon lawyer engaged by you
3) since your building is nearing completion better take possession of flat and then seek compensation for delay in delivery of possession
Dear Querist
if you go to consumer forum then the case will be decide within 6 months after receiving the summon from the forum as per Supreme Court Order and the law mention in the Consumer Protection Act.
In civil Court it's take more then years.
if there is any chance to get the possession of the property then get the possession and claim compensation for the delay possession as per the agreement executed between you and builder.
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Problem is builder is not acknowledging my cancellation email nor coming for meetings to discuss regarding refund schedule. what should I do in this situation?
If the delay is inordinate and not acceptable to you, better issue a legal notice intimating the cancellation of booking and to return the booking amount with interest at the rate specified.
Failing to respond you may drag the builder to the consumer forum and seek relief, remedy and compensation for the mental stress he caused due to this.
If I go through consumer forum/court , How long it will take me to get my funds back? what is cost and time involved in this process?
The consumer court may dispose the case at the earliest possible say within two years. The cost for cases through consumer court or the civil court may be enquired locally.
My flat is near possession now. I have two choices either cancel and get refund entire amount with interest or take possession and launch compensation complaint. which is better one?
It is better to take possession and fight for compensation for delay in possession.
It may take a few months or even a year but you will get justice. The cost will be the fee of your lawyer, which I cannot predict, but which you can recover from the builder.
You can also take possession under protest and then move the consumer forum.