• Builder not refunding payment of unfinished apartment

I had booked a studio apartment in Japee Buddh Circuit Greater Noida in 2013 and had paid installments till 2015, after which no demand letters came and construction was stopped I was told.

I recently contacted them with great difficulty for a refund of my amount as the project is stopped and completion date was a year ago which had lapsed.

Their reply is that the refund policy has been changed and now refunds will be done after 2019 July only as they are hoping to hand over apartments in the next 36 months. 

They sent me an email with this information with no person's name etc of the sender, after I had asked a friend to visit their office and ask in regard to an email I had sent them for a refund.

Please advise how can I get my refund as quickly as possible as I need the money.
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

1. The refund policy cannot unilaterally be changed by the builder to the peril of the prospective buyer.

2. You should serve a lawyer's notice to the builder seeking refund of the paid amount.

3. If the amount is not refunded even after notice from your lawyer then you are free to file a case in the consumer forum to seek refund with damages for mental agony.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1) cancel your booking and seek refund

2) if builder is refuising to refund your money file complaint against builder before consumer forum seek refund with interest

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

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

You send a legal notice to the builder communicating your decision to cancel the booking owing to their inordinate delay and seek for refund of the booking amount.

This communication should be sent by registered post,.

If you fail to get any response or compliance by the builder you may file a consumer case seeking relief and compensation

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1. Lodge a police complaint against the oners/partners/directors of the Vendor company bringing the charge of cheating against them.

2. Thereafter file a complaint case before your local Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming completion of construction within next 6 months and payment of rent for the extended/delayed period and fine of Rs.1 K per day for further delayed period for next 6 months and if they still fail to deliver possession of the said flat, they should pay damage with interest and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

You can contact local lawyer for drafting and filing complaint before consumer forum against builder failure to refund your money with interest

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

They cannot change the policy on their own as and when they feel it fancy.

They have to abide by the original sale agreement conditions in this regard.

You can file a consumer complaint on the same grounds.

You discuss with your advocate on all such further issues.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1. The vendor/developer/seller can not change refund policy of his own.

2. Your earlier query was posted one year back as is found from the record. Hope you have already acted as advised and have file police complaint also.

3. What is restraining you in filing the complaint case before the consumer forum as advised earlier?

4. It is a clear case of deficiency in service and unfair business practice conducted by the vendor/developer/seller against which you should file complaint case before the consumer forum as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

You will have to send him a legal notice and then file a case in the consumer forum, depending on the value of the flat.

if the value was less than 20 lakhs then you can file the case at District consumer forum, if it was more than 20 lakhs but less then 1 crore then state consumer forum and if the same was more than cr then before the National Consumer Forum.

Get in touch with some advocate.

regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Your lawyer can appear on your behalf 

 

2) number of lawyers on this website from UP contact any of them 

 

3) hearing will proceed in your absence 

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

1.& 2.  Either be present personally or through your lawyer.

 

3. You should personally select your lawyer after visiting the concerned Court.

 

4. If neither you nor your lawyer is present in the Court, and if such absence continues on subsequent dates, your petition will liable to be dismissed for non prosecution.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

You can either visit in person  or send an authorized representative or a lawyer to talk on your behalf.

 

Yes, you can

 

 You may look for a lawyer from this forum too.

 

If you are not available then the RERA may not be able to take any decision without hearing you.

 

 

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

You have to take out  execution proceedings as builder has failed to comply with RERA orders 

 

in execution proceedings builder property / bank account can be attached 

 

you should get your refund 

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

That means RC has not been issued.

You must share the complaint number etc for concrete advice on the issue. 

Also, you can get in touch if you need help in this regard. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

You better send a notice to the builder in writing sent by registered post, demanding the payment of the balance of amount immediately or else to face legal consequences. If you could not invoke any response neither the builder is complying the demand made, you may approach court for payment by filing an execution petition to execute the orders of RERA. 

You can change the lawyer if this one is not in your favor.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1. Covid 19 does not permit the builder to refrain from complying with the Court order.

 

2. File an Execution Petition with the prayer to arrest the builder for non compliance of the Order.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

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