• Refund of money for cancellation of flat

Hello,
I have to cancel my booking due short fall in loan amount. I have booked the flat in April 2017 but still construction is not started. When I have contacted builder office I am not getting proper response. Sent mails but no revert and now they are not responding to call as well.
I have talk with some higher management and as per them money will be refund after six month of cancelation and that to in 6-12 EMI without interest.
Please help me how to deal in this situation.
Asked 2 years ago in Property Law
Religion: Hindu

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20 Answers

Hi, First you have to cancel the flat and ask them to refund the amount and if they fail to refund the amount then you have to issue legal notice to refund of the amount and thereafter you can file a complaint in the Consumer forum for the Refund of the money.

Pradeep Bharathipura
Advocate, Bangalore
4690 Answers
244 Consultations

4.5 on 5.0

Check out what is written in the allotment letter. Did the builder executed the Agreement to sale? Did u pay 10% or more of the final amount? u can approch the RERA authorities and file a complaint. Generally the builders refund the amount immediatly by cutting a particular amount which is written in allotment letter.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

It is necessary to peruse terms and conditions of allotment letter received by you

2) on cancellation of booking you would be entitled to refund of your money as per clauses of your allotment letter

3) if builder fails to refund file complaint before consumer forum and seek refund of money paid by you with interest

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Please check your application form which must have some conditions for the application and payment to agree for.

If the refund is not as per the booking you can complain in RERA in this regard against the builder.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

Sir send a notice for cancellation of flat booking and refund of booking amount if the builder fails to refund the amount.file a complaint in consumer court for deficiency in services

Also if project is rera approved or under rera which it is as started in 2017 you can file a complaint before rera authorities also.

Also terms and agreement of the form of booking has to be seen for further course.

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

1. Have you signed any agreement with the builder?

2. If yes then builder has to follow the agreement in event of cancellation and can't make his own rules for refund of your money.

Yusuf Rampurawala
Advocate, Mumbai
5707 Answers
35 Consultations

5.0 on 5.0

Because the builder has already defaulted the agreement by way of failing to start the construction on time, though you have paid him substantially; you are free to cancel your booking with him and seek refund of the booking amount paid by you.

Send a legal notice to the builder in the present matter and if the legal notice fails to help, approach RERA.

You can avail the service of sending legal notice through kanoon.com

Vibhanshu Srivastava
Advocate, New Delhi
9116 Answers
179 Consultations

5.0 on 5.0

See, if you go yourself to cancel the agreement for the reason of short of loan then you may lose your money as there must be a clause for the same in agreement that if you cancel it then no refund, it may be in any form meaning here by is that the style of expressing the same might be different.

But, yes if you go their fault for not constructing then you would get refund for sure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Concerned,

You may choose to file a Cosumer case to recover the dues , however it is suggested to go ahead and send a legal notice first followed by a suit for recovery of money. You may have to pay court fee for such recovery however would be worth the efforts.

Best of luck

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

Hi,

You have not mentioned the amount of refund you are seeking from Builder. Also, whether the Builder is a Limited or Private Limited Company or not. The reason for my asking these details are if the amount is over Rs. 1 Lakh and the Builder is a Ltd. or Pvt. Ltd Co., you have other more effective legal provisions too to get refund of your money than a Consumer Court.

First & most important thing you need for a filing suit against the Builder, is " written acknowledgement your dues" from the Builder's office.Try sending them emails or send them letters through "Registered A/D or Speed post and keep their online tracking record in print form. You have to create evidence first to prove that they owe a due towards your payment. You need a written reply from the Builder's office. Then send a legal notice though Lawyer to initiate a suit within the time frame.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

1. Try filing complaint with the RERA authority office and pray for relief. This will help.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5418 Answers
25 Consultations

5.0 on 5.0

Complain to RERA.

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

If you dont see any progress in the near future and have decided to cancel the booking, you can send the communication to the builder in writing by a registered post, intimating that you are cancelling the booking immediately for the reasons that you rely.

You can demand the booking amount in full with interest since it is there fault, if the builder is not responding or not complying with the demand made, he may dragged to the consumer forum seeking relief and remedy including compensation for the mental agony he caused.

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

1) issue legal notice builder to refund your money with interest

2) if he fails to pay file complaint before consumer forum and seek orders to direct builder to refund money with interest

2) since there is no agreement entered into between builder and you RERA would not grant you any reliefs

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Respected Sir,

Since there is no sale agreement you cannot calim relief under rera as you won't be considered buyer in defination of RERA.

You can claim relief under consumer protection act for that issue a legal notice to the seller builder to refund your amount of booking.

In case he refuses or do not act in 15 days from date of issuance of notice file a consumer complaint claiming refund with interest damages litigation charges.

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

yes u can approch RERA in this matter. File a complaint under RERA against the builder. Usually the Rera does not entertain complaints if the Agreement for sale is not done and the complaint is dismissed. but a few days back same case was taken by Rera and the full amount paid by the allotee was returned by the builder. As there is no clause mentioned in allotment letter.and by chance there is no solution given byRera then u can approch consumer forum.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

The clauses what you have mentioned may be available but what action have you taken.

You sought some clarification in the previous post, you were advised to communicate your decision to cancel the booking and send the communication by registered post.

You may wait for his reply for further action.

You have to follow the legal steps if at all you desire to have relief and remedy, you cannot simply keep talking about the useless conditions and the practical issues involved in it.

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

This is my response to you:

1. You can issue a legal notice to this builder for wrongfully claiming advance from you;

2. If you have the receipt or pass book entry showing that you have paid the advance, that also can be used as evidence;

3. The next thing you can do is file a complaint before RERA authorities;

4. You can file RERA complaint by yourself or through an advocate;

5. The hearing will take around 60 days minimum and should be disposed of at the earliest;

6. You can also file an FIR under sections 34, 120B, 403, 405, 406, 415, 418, 420, and 425 of the Indian Penal Code, 1860 to the nearest police station.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Pray /Request for relief on grounds of non-performance, non-starter of construction, loss of interest and request for refund of entire amount.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5418 Answers
25 Consultations

5.0 on 5.0

relief - refund of booking amount

ground - builder not commenced construction as informed, so purchaser wishes to withdraw from the project

Yusuf Rampurawala
Advocate, Mumbai
5707 Answers
35 Consultations

5.0 on 5.0

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