• How to get money back from builder

I have booked a flat in 2011 in faridabad with ferrous infrastructure limited and till now have paid all my demanded amount except last 5 percent.....i came to know after long time tat his licence expired in 2009 and he never renewed his licence from district town and country planning office. and in 2017 he got licence renewed.....i want to know if it was illegal on part of builder to book  flat from me when his licence was not renewed in 2011 and if it's illegal than where I have to complain and it to get my money back ....consumer court or district court or else I can lodge an for with eow....and plz advise me approximately which is less time consuming process to proceed 
An Application for renewal of license was filed by the builder The statutory licenses were valid for a period of two years i.e up till 22.01.2009, after which renewal had to be sought from the office of the Director General, Town & Country Planning, Chandigarh, Haryana in order to develop and proceed with the construction and completion of the Project. Violation of the terms of the license; Bilateral Agreement; Agreement LC-IV; lay out plan; building plan; development plan entailed penal consequences under the stated agreements, sanctions, Haryana Development and Regulation of Urban Areas Act, 1975 and the Haryana Development Regulation of Urban Areas Rules which inter-alia provide for cancellation of license in case of defaults in compliance. on 25.09.2009, in response to which, the state issued a letter dated 11.10.2010 demanding payment of outstanding amount towards EDC, which remained unpaid by the Builder. Thus, the Builder did not have a valid sanction to build the Project  w.e.f  23.01.2009
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

Has construction of flat been completed ?

2) what was period stipulated in sale deed ?

If builder did not have licence to carry on construction on the project has violated building plan , layout plan you can cancel your booking

3) if builder has failed to complete construction within stipulated period you can cancel the booking file complaint before consumer forum and seek refund of money paid by you with interest

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

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1.it is not clear whtehr you have any issues with the delivery time line of anture of constructions.

Uf no such deficiencies are there then you better avoid these technicalities.

3.Whe he ahs already renewed the license and if you are goring to get your proeprty in right time and in proper form then running after her illegalities, if any behind the licenses is not a wise idea not you're likely to get good relief from the consumer forum on this account.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi, you can file a police complaint against the illegal approach of builder in EOW.. As per civil remedy , if you want refund of your amount , you can approach consumer forum .. The jurisdiction of consumer forum depends upon the refund amount that you are seeking ... All the details are a matter of record and will be considerd by court at the time of trail ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Though the builder had no valid license to develop the building but at the time of completion his licence was in force and properly renewed.

You have to concentrate on the completion of the construction of your flat.

If there was any deficiency in the construction or registration of flat or there was undue and inordinate delay, you are entitled to be compensated, you can demand the same from the builder, failing which you can drag him to the consumer forum,

Consult a local advocate before taking any drastic step against the builder.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer