• Can i move for consumer court??

I booked a duplex 5 year ago, builder agreement that he will delivery with in 24 months., But yet not any construction..i wrote 4 letter for refund my money with interest but builder not give any reply...in last letter i wrote that pl cancel my duplex and refund my money but no reply by builder....so i moved in consumer court, but now builder say that it is the not matter of consumer court because party cancelled booking...So pl guide me can my case is vaild for consumer court, or any progress for my money refund..
Asked 1 year ago in Property Law from Raniganj, West Bengal
Religion: Hindu

you can file complaint before consumer forum seek refund of money paid by you with interest as builder has failed to deliver possession within stipulated period of 24 months

also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Dear Client,

Due to builder default, you were forced to cancel the booking with no refund, neither cancellation agreed by builder.

Cause of action already arisen when builder failed to delivered possession with in 24 moths.

Even it is clear case of cheating and criminal breach of trust, u can file FIR u/s 420 , 406 IPC for fast recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

It is valid for consumer court as there is deficiency in service on part of the builder that is why you were forced to cancel, further builder has not given his assent or reply on cancellation letters nor refund was initiated. So it is breach on part of builder he is liable to pay interest and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

Hii

Consult a good civil lawyer in your area and serve him a legal notice first about br upeast of trust and not fulfilling the agreement clouse.

You have to do first FIR and yes you are eligible for consumer forum as your builder has not cancelled On record.

As you have not mentioned which area you have booked an hence cannot tell exact clouse and remedies.... As RERA as fastest remedies for this issues

So better to go to lawyer of that locality for filing a civil and criminal Case on builder.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

Go to Rera tribunal

Its fast and effective

You will be awarded refund with interest

Yusuf Rampurawala
Advocate, Mumbai
4649 Answers
28 Consultations

5.0 on 5.0

Dear,

As you said that in builder agreement it's clear that builder deliver flat in 24 months.

But builder failed to deliver so he is in default and you are consumer, so your case in consumer court

is valid.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You have every right to get back of your money which is paid by you to him and it will come under Consumer Court and builder liable to pay refund the said money with interest and mental agony. You have good case on merit before the Consumer Court. All the best.

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

hello,

file a complaint in the state commission of the consumer court. the complaint is maintainable. after the coming of the RERA Act, you can file a case in the RERA tribunal which has specifically constituted for resolving the real estate disputes.

regards

Rahul Mishra
Advocate, Lucknow
4961 Answers
11 Consultations

5.0 on 5.0

Hello sir , since the RERA ( real estate regulatory authority) has been set up , it is advisable to withdraw your case from consumer court and file it at RERA ... RERA is a fast trial court and provide quick relief to the buyers

Hemant Chaudhary
Advocate, Gurgaon
4306 Answers
31 Consultations

4.9 on 5.0

1.Since there is inordinate delay you have every right to cancel the booking and and seek refund.

2. However the builder can deduct a nominal sum from the consideration money but he is bound to refund the money.

3. If he refuses then you can file a case before the consume forum which can direct full refund along with interest and damages and compensation.

4. So without further delay file the case before the state commission and seek refund with interest and damages and compensation.

All the best.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

This is my response to you:

1. Do not worry, even if you cancelled the booking you can still claim for the refund;

2. So ask the court for refund and also compensation for the losses suffered by you including mental agony, torture and suffering;

3. Hope you have all the proofs for the booking and money paid, receipts, acknowledgments, passbook entries;

4. Use the evidences to prove the truth and you should get the matter in your favour.

Gowaal Padavi
Advocate, Mumbai
1841 Answers
2 Consultations

5.0 on 5.0

1. You have cancelled the booking but till he refunds the booking amount, you remain as a consumer to him.

2. The consumer court is expected to direct the builder to refund you the amount you have paid with interest, damage and cost.

3. Pursue the case you have already filed before the Consumer Forum to its logical end.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

It is not the prerogative of the Builder to decide the maintainability of your complaint, rather it is the court's duty to do so.

You very well come under the definition of consumer under the Consumer Protection Act,1986 as you had booked property for residential purposes and not for commercial purposes. Therefore the argument of the Builder is invalid as a complaint can only be dismissed where a consumer has bought more than one properties and hence does not fall under the definition of consumer but it is not your case.

You also have an option to withdra your complaint from consumer Court and file a fresh complaint in RERA which is the quicker method to address builder buyer issues.

Regards.

Siddharth Jain
Advocate, New Delhi
4955 Answers
55 Consultations

5.0 on 5.0

Contact a local lawyer and file rejoinder to the reply of the builder. It is very much a case of consumer court till he refund the money with interest. Contest the case forcefully and you would get the relief. Have patience because the litigation is just a homeopathic remedy.

Dalip Singh
Advocate, New Delhi
513 Answers
10 Consultations

4.9 on 5.0

Hello ,

The dealer is trying to misguide you .

This matter comes under the jurisdiction of both consumer court as well as civil court .

You took the right step by going to the consumer court where you will get relief . However , i will suggest you also file a civil case for breach of contract and claim damages .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
1113 Answers
2 Consultations

4.8 on 5.0

it is a valid case for consumer forum as there has been deficiency in services.

i would though advise you to withdraw your case from the consumer forum and file the same before RERA for early and efficacious disposal of the case.

regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

1) You can make complaint in the consumer forum against Builder Provide all details transactions in detail with the application.

Ganesh Kadam
Advocate, Pune
8167 Answers
68 Consultations

4.9 on 5.0

What is the reason that yo have move the consumer forum, is it for refund of the booking amount after cancellation?

If so whether you have intimated about the cancellation to the builder in writing and demanded the refund in the same notice?

The builder may tell plenty of things in court, dont be worried about it.

You may ignore his reply and concentrate only on you case if you have filed the case in proper perception and are moving in a right direction.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Since you resorted to the path to cancellation only after the builder refused to respond or accept the request for a refund after waiting for a extended period of time and repeated follow ups, that cannot be sited as an excuse by the builder for non refund\inaction. You may proceed with filing a case with the State Consumer Forum or book the builder under Real Estate (RERA ) Act. You are eligible for the refund of the booking amount and also any expense incurred in the process of legal relief.

Aniruddha Chakraborty
Advocate, Hyderabad
17 Answers

5.0 on 5.0

1. The cancellation of booking was necessitated due to the default of the builder. Hence, the cancellation of booking does not uproot your status as a consumer of the builder. You have the right to recover the amount you had paid him along with interest, damages and legal cost.

2. It is but natural that builder will question the jurisdiction of the consumer forum as he has to defend himself. In defence the respondent can take any plea, but it is for the court to examine whether the plea is tenable or not. So do not lose your sleep merely because the builder has denied the jurisdictional competence of the court.

Ashish Davessar
Advocate, Jaipur
26653 Answers
797 Consultations

5.0 on 5.0

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