Wait till 2019 when the project is delayed file complaint with RERA authority and seek refund of amount from.builder with interest as builder has delayed In construction and further demand compensation.

Further donot agree to builders term.of.transfer he is trying to decieve just deny to transfer and ask builder if he is not able.to.complete.give complete amount with interest now only.

hello,

the property dealer has promised you that he will give you another property but that is a fraud. do not take any other property in return for the property you initially bought and paid money for. after the passing of the RERA act, all the property disputes go the tribunal specially constituted for it. therefore you should give a legal notice and then file a complaint before the RERA tribunal.

regards

You should not agree for the alternate flat offered by the builder as the market value is 30% less than the property, you had originally booked.

You can file a complaint with RERA seeking complete refund, along with interest as the builder is unable to fulfill his part of the contract and has not commenced the building of the property which is admitted by him, by way of emails sent to you.

Alternatively, you can also file a complaint in state Consumer Disputes Redressal Commission or National Consumer Dispute Redressal Commission, depending on the value of the property booked by you seeking refund, along with interest and damages.

Regards.

Dear Client,

You need to file a case in the Consumer Forum as now Consumer Forum can entertain cases up a value of Rs. One Crore. Contact ourr law firm for information as we particularly contest Property csase in Gurugram and Faridabad.

It is in your interest to take flat in another project of builder

2) if you cancel the booking you are entitled for refund of your money

3) however considering financial position of builder chances of obtaining refund are bleak

4) litigation is long drawn and expensive proposition

Dear,

As you say that neither he giving you that property nor he paid money.

Then send legal notice for this and if he is not reply of that legal notice or not giving

you money then you can file consumer case against that builder in consumer court.

In that case you are eligible for money you paid, litigation expenses and interest on

that amount, any other expenses you did.

This is my response to you:

1. Is the project RERA registered?

2. If yes then you can file a complaint under RERA;

3. If you want refund then as per RERA 20% money can be forfeited;

4. Or as per the terms of the builder he can forfeit the money;

5. Therefore approach a lawyer, let him/her have a look at your papers and then go ahead with the legal action.

You can file consumer complaint with the concerned state consumer dispute redressal commission for refund of money as the builder has failed to give the possession till date.

1. If builder is cash strapped then what is the assurance that he will complete the other project as well in which he has offered u an under construction flat in lieu of the flat u desired to purchase?

2. Also the property rate for the other project may be lower than the rate for the project in which u intended to buy the flat

3. Have u checked the stage of construction of another project?

4. How much construction is complete and within how much time it is expected to be completed?

5. If u file a complaint with Rera tribunal for refund of money with interest, do u think the builder will be able to refund it considering he is cash strapped?

6. Even the tribunal may ask u to consider the builder’s offer to take flat in his other project - offcourse u can always refuse and insist for refund - but if builder does not have anything to repay then what can be the way out? There will be a deadlock

7. Since your purpose for purchase is not end use and it is for investment, i would advise you to consider the other project provided its nearing completion and the rate is at par with the rate of flats in the project in which u intended to buy ur flat

8. If above is not feasible, then rera tribunal may order attachment of the builder's assets and have them sold by public auction and pay u the refund with interest

1. You can file a complaint case before the Real Estate Authority & Appellate Tribunal against the said builder.

2. You can either pray for refund of the amount paid by you with interest thereupon, compensation for damage & cost or

3. Continue to hold interest in the project and pray for direction upon the builder to complete the project as per the agreement and pay an amount equal to the house rent of the said flat for a period of making delay in handing it over to you, compensation and cost.

The option is open and the chances of loss/ litigation and delay is resent.

If you take the under construction property what is the guarantee that the property will be delivered well in time however in your present flat agreement there must be a penalty clause for delayed possession.

This is your call to decide as the builder is not in position to repay the amount with/without interest.

Since RERA is a new act, not many cases have been disposed off at yet, prior to RERA act, the builder buyer cases used to go to consumer courts only and I've personally dealt with various cases in Consumer Courts where the matter has already been disposed off and the consumer has got full refund.

Feel free to contact.

Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014

The Commission held that the Builder was under a contractual obligation to complete the construction and hand over possession of the apartments to the Complainant within 39 months from the date of allotment, and the Builder had failed to do so and none of the reasons given by the Builder were justified.

Compensation Paid: The Commission directed the Builder to complete the construction and hand over possession before 31.01.2017, failing which, they were to pay compensation in the form of simple interest @ 10% per annum from the committed date of possession till the date possession is offered to the apartment owner. Accordingly the Commission ordered the Builder to pay to the Complainant, compensation to the same effect as mentioned in the Apartment Buyers Agreement. The Builder was also required to pay Rs. 10,000/- as cost of litigation to the Complainant.

Sir there are plenty of cases recently there are case of national.consumer dispute redressal forum wherein the consumer forum.has granted entire refund for delay along with interest and compensation.

http://www.thelogicalbuyer.com/blog/national-consumer-forum-orders-refund-at-18-percent-for-long-delays/

1. West Bengal is not RERA complaint for which we file complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice of the builder praying for the same relief as suggested in my earlier post.

2. there are several cases won under such circumstances.

3 There also will be several such cases where favourable decisions have been obtained for the complainant since it is as per the enacted law of the land.

1. The builder has no right to demand that buyer should purchase another property instead of the one for which the agreement was done.

2. Serve a lawyer's notice to him to demand the refund of amount paid to him, and if he does not do so then sue him in the Consumer Forum for refund with compensation and cost of litigation.

If the builder has not kept up his promise to handover the construction completed flat, you may issue a legal notice intimating the builder your intent to cancel the booking and ask him to refund the entire booking amount along with the market rate of interest for the amount to be refunded.

If the builder is not responding properly then you may drag him to RERA or the consumer court also for seeking remedies and reliefs.

Is anybody currently any client similar like me or

Is anybody won the case and got refund from builder as this is very common especially in Delhi-NCR last couple of years so i believe there must be cases exist with you.

There are plenty of cases decided by RERA and consumer forums in favor of the customers and agaisnt the builder.

You may look for the cases in the websites.