Sir, I have booked a duplex at Vadodara in june 2014. As per the builder, i have paid 20% of total cost of price of Duplex. I have paid 1.5 Lakh through cheque and rest in cash and moreover builder has not given any receipt of the cash paid. Builder has given only a piece of paper where he has sign for the money paid in cash. I have original receipt for 1.5 Lakh rs paid through cheque. After continuously follow up to the builder, Builder has given me the allotment letter but he has not sign the agreement. further adding to that Project was not approved by Gujarat gov. at the time of booking and it seam that project got approved in the mid of 2017. I was continuously follow up for the property paper and signing of the agreement but Builder was reluctant to sign the agreement. Now, in 2018,Builder told me that he has cancelled my allotment and ready to give the paid amount. the condition for refund of the amount is that first i have to sign a cancellation form and submit to the builder after submission of the form builder will pay the amount within three month ( but he is not giving any document to confirm that amount will be paid) Kindly suggest.
Dear Client,
After RERA coming into force, every ongoing and under-construction project is supposed come under the regulator's ambit.
On what date booking cancelled and verbally or Written. Complain to RERA
Or file FIR u/s 420, 406 of IPC, fast recovery.
1) Register complaints in Consumer Forum and RERA authority.
2) Don't accept the cancellation deed and if still he forced than ask him to pay full amount along with interest.
3) Don't give him bacl allotment letter. You better take possession and later on after 2-3 months you individual can sell flat.
Being a Consumer if you are aggrieved then you can get legal help from Consumer Court/Consumer Forum.
As you said in your post that The builder has cancelled the allotment and asking you to sign that by yourself then you can send a letter to the builder in writing to know why he has cancelled your allotment?
At this point of time what you want the money back or not cancelling the allotment? Do you have all the documents, and agreement duly signed and witnessed?
1) file complaint against builder before consumer forum seek orders to direct builder to execute registered sale deed , hand over possession of flat to you
2) also seek litigation costs and compensation for mental torture undergone by you
3) dont accept builder offer of cancelling allottment and refund after 3 months
If there is no project approval he has made a fraud and you need to file a case under section 420, 406,506 and 120B of the IPC in police station or complaint in court under these section to order FIR and investigation.
This builder is acting arbitrary and is only safeguarding his interest and suggesting you an arrangement (of cancellation) which could prove detrimental to you.
Send a legal notice to the builder calling upon him to forthwith refund your entire deposit together with interest.
If he fails to comply with the legal notice, drag him to the consumer forum.
File a consumer complaint before district consumer forum for recovery of refund along with damages and interest.
The consumer court shall be effective remedy to recover damages , legal fees refund and interest there are number of judgements wherein the Commission has clearly held that in case of delay or cancellation of booked flats the buyer is entitled to compensation refund and interest.
Als you can file an police complaint for cheating criminal breach of trust under indian penal code.
Hello,
Send a legal notice to the builder, and claim the amount with interest.
if he fails to do so then file a case against him in the consumer forum and claim the entire deposit alongwith the interest.
Regards
If he is not giving anything in writing its advisable to ask him to make 75% refund to you or do not sign cancellation form. If you have bank statements to show amount.was transferred to him file a suit for recovery of money also for injunction if you have booking confirmation to not to.sell your booked flat to anyone.
1. This builder is a crook and do no rely upon his representation at all any further.
2. Rather send him a written notice seeking cancellation of the booking ad refund your money along with interest and damages.
3. The builder is likely to remain silent.
4. If that is so then file a case before the consumer forum for the said relief.
5. From the consumer forum you will get not only order for refund of your money but enough damages compensation and compounding interest.
Under the given circumstances you have two options namely :
1. You can lodge a police complaint against the builder for the offences of cheating, breach of trust and intimidation; no doubt the offences are criminal in nature, but the police may be reluctant to accept the complaint being civil in nature.
or
2. You can issue legal notice to the builder to either enter into a sale agreement based on the advance amount received by him or to cancel the booking and refund the entire amount with interest from the date of receipt of the payment.
After that you can drag him to consumer forum for relief and remedy.
His condition to return the booking amount is unjustified and arrogant.
1. Do not fall in then prey of the builder and do not sign the cancellation letter.
2. Lodge a police complaint against the builder for cheating you and not executing the agreement.
3. If police refuses to register FIR, file a Writ Petition before the High Court praying for a direction upon the police to register FIR, investigate and act based on your said complaint.
4. Simultaneously, file a complaint case before your local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice praying for a direction upon the builder to complete the execution of the agreement, take payment as per the agreement, give possession of the property with in the specified period and register the same and also pay the damage and cost to you for the mental harassment.
He needs to first pay you the refund before cancellation. Secondly if you don't want to cancel he is bound to give you the said flat. You need to decide. If you still ok with the cancellation. First tell him to pay the amount by DD or cheque and after the same execute a cancellation deed.
