• Flat booking refund due to cancellation of project

I have booked a flat at pre launching offer in one time payment for rs 8 lakhs+24,900(service tax) in aug 2013 to Agrani homes private limited in patna. in mid 2017 i got to know that the respective project is cancelled due to the area comes under green zone. so, i had given application for refund of my money. and they promised that they make refund within 4 months of date of aplication but till that period they not refunded a single amount and tell every time that from next week they will start payment in installment but that next week never came.
so please guide me that what to do now. 
i found 5 more customers of same project and thier condition is also same.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

You have a option to file a Criminal Complaint, a case in civil Court or before the consume forum against the builder to get the Refund back along with the compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

It is clear cheating case, firstly because they knowingly proposed project under GREEN ZONE, secondly they are not refunding the amount, thirdly they ought have arranged for alternative project and offered such flats to the willing subscribers. You may lodge police or private complaint and also bring civil suit but civil suit is very expensive.

For more details and suggestions, please call me and get issue a legal notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Make the complaint in consumer forum of your city area and mentioned all details in it, from day one till cancellation of projects and than builder's commitment come today come tomorrow etc etc., and side by side one complaint in RERA office.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest

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

3) you can also file complaint of cheating against builder fir failure to refund your money

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

All of you 5should send a notice to him to pay the entire amount along with the interest with in sepecific time.

In case of failure a civil money suit will be filed for the recovery of the amount , interest and legal expenses.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Send a legal notice seeking immediate release of your refund.

If they do not pay any heed to your legal notice, file a Complaint against them before RERA/consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

You send the legal demand notice for returning the amount within 15 days and if that is not complied file the civil as well as criminal cases against them.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the builder failed to keep up his promise to refund the booking amount then you may have to initiate legal action agaisnt him by first issuing him a legal demand notice.

After that you can either drag him to consumer forum for recovery and compensation due to the deficiency in service or can file a money recovery summary suit in the civil court.

You may consult an advocate in the local and initiate steps accordingly.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

File FIR u/s 420, 406 IPC.

Another option consumer claim.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

You may file a complaint before the RERA.

This will be the most appropriate remedy for you at this juncture.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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