• How to get refund from builder

Sir 
I had booked a floor in summer palms Bhadurgarh built by umang realtech pvt ltd agreement executed on 6th March 2014. I was alloted an apartment no201 in tower L. 
I have already paid rs 1537845.to them as per details below
15/4/2013 rs 600000
11/7/2013 rs 425230
26/12/2013 rs 512615
I visited the site and found it abandon and no construction activities 
Tried to call them but no reply 
What should I do pls advice 

Thanks 
Ram kumar Agarwal
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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18 Answers

1) First make complaints in Consumer Forum and eith RERA authority as if now. And narrate all in details from booking date what happened, registration, agreement, all clauses in it, payment made date wise and construction conditions as of now means till date.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello sir , you can file a complaint at RERA bench .. RERA ( real estate regulatory authority) has a provision to grant compensation within 60 days of filing the complaint .. Further as per RERA provisions the allotte if want to withdraw the booking he can ask for refund alongwith interest from the builder , or if he wants to retain the flat he can ask for monthly compensation from the builder till posession of the flat .. You can contact me in person for further doubts and legal assistance with your case .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) what was period mentioned in your agreement for delivery of possession of flat to you /

2) if builder has failed to carry on any construction cancel agreement seek refund of money paid by you with interest

3) also file police complaint against builder for cheating , criminal breach of trust under section 406, 420 of IPC

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Send them a written letter and seek for replying within a stipulated time(no. Of days must be clearly mentioned within which they have to reply).

If they don't reply give them a notice.

Still if they don't reply.

Seek for legal help from Consumer Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

It appears that you have been cheated and hence the builder is absconding.

However there is nothing to worry if you have sale agreement and payment receipts with you.

In that context you can file a case before the consumer forum seeking full refund along with damages ad compensation.

Once the hearing is done final order regarding refund , damages and compensation the builder is bound to make payment and if they default to make payment the forum can issue warrant of arrest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File a criminal complaint of cheating, fraud and breach of trust in the police station if you donot find them. The police shall investigate on the said issue.

Along with that You have to civil remedy first issue them notice and then

First you can file a consumer complaint for.deficiency of service and refund of money and damages.

Second you can file a civil suit on.breach of agreement and for specific performance.

I would suggest you to go for consumer complaint as they are disposed fast and you can recover your refund with interest and damages.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear client, at first you have to file a legal notice to the builder, where you have to mention their malfunction n irregularities and also claim of your paid amount. After serving of the notice if they do not give any respond within 30 days then you can file a consumer case before District Consumer Disputes Redressal Forum for release of your amount.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Hello, you have many options. Firstly you can file a complaint with the economic offence Wing. Secondly you can approach the RERA and file complaint against builder or you can send a legal notice to the builder and file a complaint in consumer court in builder not registered in RERA. For detailed discussion you can call me.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

1. File grievance petition before the local RERA authorities, with all the relevant documents and photographs.

2. ALTERNATIVELY can file grievance petition before the local Consumer Court /Forum, AFTER following due procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

Your problem may shared and remedied with RERA.

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FAQs RERA

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https://credai.org/assets/upload/rera/resources/frequently-asked-questions-faqs-on-rera.pdf

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http://www.merarera.com/for-buyers/

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CHAPTER III - FUNCTIONS AND DUTIES OF PROMOTER

43. What are the important functions and responsibilities of the promoter after

registration of the project with the Authority?

As per section 11 of the Act, the promoter is required to update all project information as

furnished at the time of application (as provided under section 4) on the website of the

Authority. In addition, section 11 also provides for certain information, which needs to be

regularly (quarterly) updated by the promoter, in order to make an informed choice by the

buyer.

In addition, the promoter is required to carry out all the responsibilities as envisaged under

section 11 at various stages of development of the project and upon its completion.

44. What are the disclosures to be made on the website of the Regulatory Authority?

Section 4 and section 11 provide for a detailed list of disclosures on the website of the

Authority by the promoter for public viewing. Also, the detailed list is required to be

specified in the Rules.

45. What is the promoter’s obligations regarding veracity of the advertisement or

prospectus?

As per section 12 the promoter is responsible for the veracity of all information contained

in the advertisement and the prospectus. In case of any loss sustained by any person

due to false information contained therein, the promoter is liable to make good the loss

sustained due to the same.

46. Can the promoter collect any amount of money towards booking of the apartment

/ plot?

Section 13 provides that the promoter cannot accept a sum more than 10 percent of the

apartment / plot cost as an advance payment / application fees. For any further collection

towards the apartment / plot cost, the promoter is required to enter into an ‘Agreement

for Sale’ with the allottee.

47. What is the ‘Agreement for Sale’ and is it binding on the ‘promoter’ and the

‘allottee’?

As per section 13(2) the appropriate Government is required to specify through Rules

the ‘Agreement for Sale’ to be entered into between the promoter and the allottee. This

Agreement is binding on the parties, however, internal flexibility could be provided in

the said Agreement for Sale, for determination / insertion of other provisions as decided

between the parties.

10

48. Can the promoter modify / amend the sanctioned plans or project specifications

after having been approved by the competent authority and disclosed to the

allottees?

As per section 14 of the Act the promoter can only modify / amend the sanctioned plans

or project specifications, after the approval of the competent authority and its disclosure

to the allottees, in case of minor additions or alterations.

However, in case of major modification / alteration, the promoter can modify the

sanctioned plans or project specification only after having taken approval from two-third

of the allottees. In addition, for arriving at the number of two-third allottees, the number

of apartments held by the promoter will be excluded. Also, irrespective of the number of

apartments held by an allottee he/she shall only be entitled to one vote.

49. What is the period for which the promoter is liable for any structural defects etc. in

the project / apartment etc.?

As per section 14(2) the promoter shall be liable for 5 years form the date of handing over

of possession to the allottee towards structural defect or any other defect as specified

therein.

50. What is the obligation of the promoter as regard transfer of the project to a third

party?

As per section 15 the promoter is not entitled to transfer or assign his majority rights and

liabilities in the project to a third party, without obtaining the prior written consent of twothird

of allottees and the Regulatory Authority.

In addition, for arriving at the number of two-third allottees, the number of apartments

held by the promoter will be excluded. Also, irrespective of the number of apartments

held by an allottee he/she shall only be entitled to one vote.

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For Buyers

The property buyers of India are in sheer sorrow due to the difficulties presented by the promoters and the real estate agents. There is numerous complaint against the promoters. We are not talking about every promoter or every real estate agent by everyone knows that there are some people who are not being honest. Due to their unending greed for money, the innocent buyers have to suffer. There are many cases registered where we can find that a buyer looking for a home for his family has to spend his time complaining against the builders. These complaints come in regards to late possessions of apartments by the promoters, unreasonable charges, change of plans etc.

Due to the endless complaints, the Real Estate Regulatory Authority Agency has taken the matters into its own hand and has formulated an agency known as RERA (Real Estate Regulatory Authority). RERA has brought some milestone changes regarding the laws in real estate sector of India. The wholehearted commitment of the government into maintaining fair play in the property business has come as a big relief for the buyers. Apart from the buyers, the promoters and the real estate agents who go by the government norms, but have to suffer from the spread of bad word against them due to some ill practices by some promoters and real agents, also will feel happy and relieved.

meraRERA is a portal made to make a healthy relationship for the promoters, agents and the buyers. It is very necessary that these three bodies work in tandem and help each other as the real sector of any country is its right arm regarding its economy. Apart from informing the promoters about the new guidelines, they have to follow and their functions in order to maintain a just way of purchasing and selling a house. meraRERA is also trying to make the real estate agents more efficient and customer-friendly so that the communication gap between a buyer and a promoter cannot lead to major issues and problems. All this will be done so that a buyer never feels cheated again.

RERA has set up some fundamental functions for the buyers which are laid upon as their rights.

A buyer is entitled to know all the plans of a real estate project in detail. He has the right to know the stage-wise completion of the project which includes the amenities as well.

A buyer is entitled to claim a written possession of his house and the common areas which he is entitled to as a member of the project. He has the right to get all the documents regarding the project.

A buyer has to pay the amount he has signed the agreement in the court. He will have to pay interests if he delays the payment. However, a promoter has to pay the same interest to the buyer if he delays his project or if he has not been able to provide what was said in the agreement.

The buyer should participate in forming an association after taking the physical possession of his house. He should also be active on the website of RERA India so that the flow of information can be maintained. His participation towards the deed of the apartment can be beneficial for other buyers.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

Send a legal notice to them for the refund of the money alongwith the interest.

And if they do not respond to the same then file a case in the consumer forum to claim the refund, since the builder is not able to give the timely possession of the flat.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

For initiating any legal procedure, you'll need the address of the Builder/ Construction Company and CIN Number of the company. Try to find out from the Bank transaction details. As it is there are two addresses available on internet. Try to find out which one is correct, the K. G Marg, Delhi OR Dwarka, Sector-12. Send them a legal notice under IBC through lawyer and then file a case in NCLT. Contact a lawyer in your area and intiate the proceeding immediately.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

you can file complaint before consumer redressal forum of your area for refund of money alongwith interest and damages against the builder for deficiency of service under the provision of consumer protection act.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

Mr Ram Kumar

I have come across many cases like this. Everyday number of cases is being filed against these builders for the malpractices. Please understand that there are already some cases pending against umang realtech pvt ltd in Delhi High Court. I would suggest you to immediately send a legal notice through lawyer to umang realtech pvt ltd. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

Send them a legal notice seeking full refund of your deposit.

Also, seek interest from them on your deposit. You must seek interest at the same rate, which they must have slapped on you for delayed payments of instalments.

File a case in RERA/consumer forum in case the legal notice is not complied with.

You can send a legal notice through kaanoon.com.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Please verify if it is genuine builder and developer if not.immediately file a complaint with police under cheating.

If you have valid aagreement and if the branch office is still located in same premises also file a suit for recovery of money along with.damages and a consumer complaint in district consumer forum.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You send a legal notice to their address communicating your decision to cancel the booking and demand refund of the booking amount with interest.

After that you can either approach consumer forum for relief and remedy or civil court for recovery.

If the builder is missing then you can lodge a police complaint against him for the acts of cheating, breach of trust and other related crimes.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

If they are absconding then you need to approach the police and file FIR against them. You can also approach Consumer court against them

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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