• Book a flat but construction not done in time

I book a flat in April 2015 booking amount 5 lac rs paid on this time . Remaining amount will be paid on possession.possession time Dec 2017.but builder not completed the flat on time and till date ,today I can not able to take possession because I have big trouble of wife`s diseases , I have not money for possession. Can I refund my booking money by any law. Plz help me
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

builder would deduct cancellation charges in case you cancel your booking .

2) approach the builder to cancel your sale deed and refund your money

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Yes if the construction is delayed and now circumstances has occurred you cannot pay rest of money you can refund from builder.

File a consumer complaint for deficiency of services and demand refund of your money that now since he has delayed new cause has raised you cannot pay amount.

Before filing complaint ask builder to refund if denies serve a legal notice stating same

After that file a complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir, serve him a legal notice stating that since he has delayed the possession he has breached the agreement therefore he is liable to pay refund amount with interest .

He himself has not honored the agreement so now you can claim compensation.

Than on end of notice period if doesn't pay you file a consumer complaint for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) it is necessary to peruse agreement entered into by you with builder to advice

2) builder can forfeit advance money paid as per clauses in agreement

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Dear Client,

Period of possession was Dec 2017, which violated the builder. on this point of delay, u can recover money paid.

Is there any refund clause in agreement.

File consumer case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can do the following:

1. Write a personal letter to the builder requesting your payment of money within 30 days;

2. If he does not pay within 30 days, you can issue a legal notice to him;

3. If the property is RERA registered, you can file a complaint before the RERA authorities;

4. If it is not rera registered you can approach the consumer court and file a complaint there as well;

5. If nothing is applicable for you, then you can file a suit in court, a suit for recovery etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If construction has not commenced or completed within the time mentioned in the agreement then builder is liable to refund the booking amount if allottee claims to refund the booking amount. It is responsibility of the builder to accomplished the work according to the terms and conditions mentioned in the contract. If builder fails to comply the terms and condition then it is called breach of the agreement and according to Section 73 of the Indian Contract Act the allottee/ flat purchaser is entitled to cancel the agreement and get back the booking amount along with interest.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello sir , as per BBA ( builder buyer agreement ) you can back out and ask for the refund of amount , but he will deduct 10 percent of the total sale consideration amount of flat..

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

1. PUT proper Legal Notice to Builder, about the Delay and his Deficiency and request him to cancel your booking and demand refund of entire amount with Interest.

2. IF the builder fails in above, THEN file complaint either before RERA authority or Consumer Court, for proper relief.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear,

as you said that building is not completed by builder, so file a complaint in RERA.

and demand for your booking amount and compensation for not giving possession on time.

and most importantly not explain that you are in default.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You can do the following:

Try to go for RERA for faster and speedy adjudiction:

1. If the property is RERA registered, you can file a complaint before the RERA authorities; Moreover, still a lot depends on completion of the Project.

2. If it is not rera registered you can approach the consumer court and file a complaint there as well;

Abhinav Sabharwal
Advocate, New Delhi
41 Answers

4.5 on 5.0

Please make your complaint in rera as all the properties and builders are now registered with rera. In case you are not satisfied with the decision of the rera in this regard you may move to the consumer forum and state consumer redressal forum depending upon the value you paid

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

you can file a online cOMPLAINT AGAINST THE BUILDER on MPRERA WEBSITE.

http://www.rera.mp.gov.in/complaint-instruction.php/

Arihant Nahar
Advocate, Indore
131 Answers

4.8 on 5.0

If it is there in the agreement then you can’t get anything in the name of return.

But, as you said it is the breach of contract at builders end as he didn’t give possession on time, you can ask for the refund of amount.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

If you do not want to purchase the property anymore, you can very well communicate your decision to the builder and cancel the booking.

You can writ to him about this and seek refund of the booking amount.

The builder may not return the entire amount immediately.

You may have to regularly follow it up or else it will become difficult to recover from the builder.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

But he is told to me after some time you will take possession,other wise your money is forfeited,as mention in aggriment

The builder cannot forfeit the booking amount, he can be dragged to consumer forum for recovery and compensation.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

If he has not given you possession on the said date you can demand refund with interest. You need to send him a legal notice. If he doesn't refund then you can approach rera or Consumer Court.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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