You can file consumer complaint against the said builder for defiency of Service and can claim refund with interest

The flat purchaser is required to file a written complaint before the appropriate consumer dispute redressal forum set up under the act, depending on the value of the property, or the amount of damage he has suffered. Any dispute over Rs 20 lakhs can be directly filed before the State Commission and any dispute over Rs 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than Rs 20 lakhs has to be filed in the District Commission

Firslty, Sir, as I believe that being an aware citizen of this country you must have heard of RERA tribunal set up by the government of each state.

Secondly, I advice you to give a legal notice to the builder for the return of money with interest.

Thirdly, if no reply then file a complian in RERA tribunal.

Fourhtly, your money (every single penny I am talking about) will be refunded plus with interest over it.

Cancel booking seek refund of money paid with intetest

2) I presume you have written communication mentioning date of delivery of possession

3) if builder fails to refund complain to RERA seek refund of your money with interest

What does the builder buyer agreement about the date of possession of property?

See since the construction is going on the project.must be under RERA authority file a complaint under RERA for.compensation for delay further if you want refund can claim same from the builder.

Alternatively you can also file a complaint with the consumer court and can seek compensation for delay.

Hello,

If the builder is registered under RERA then you may file a case on them at RERA and claim the compensation in delay of possession.

Alternatively, you may file a case against them before the consumer forum depending on the value of the flat.

Initiate the action by filing a legal notice upon them.

Regards

1. Oral communications do not ripen into a contract.

2. Serve a lawyer's notice to the builder to deliver the possession forthwith. If he fails to do so then you may sue him for delivery of possession with compensation and legal cost in consumer forum as this is a deficiency in service.

Dear Sir,

You just get issue a legal notice and settle the issue. If they are not ready to deliver the apartment in time then seek refund of amount with interest. The law is as follows.

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Dear Sir,

Following examples make you clear.

Cancelling an apartment booking?

Saurabh from Bangalore booked an apartment in January 2014 after taking a home loan from a well known bank. However, now he wants to cancel the booking and is ready to bear the necessary monetary loss. He wrote to Magicbricks.com enquiring about his available options while cancelling the booking?

Buyers like Saurabh, who due to various reasons, are forced to cancel their booked property. However, the path to booking cancellation is unfamiliar to many.

Sometime issues such as delayed project and exuberant cancellation fees being charged by builders are faced by such buyers.

Following are some circumstances that buyers can identify and their solutions with while cancelling their booking.

Asha Nayar Basu, partner, S Jalan & Co, a legal firm in response to Saurabh's query says, "Carefully go through the sale/ allotment agreement on the clause pertaining to cancellation of the booking. It will be as per the agreement. Some ag ..

There are others who did not sign any agreement or did not have a clause of cancellation of the agreement. Take for instance Dharmesh, who entered into an agreement for an under construction flat. His agreement had no provision for cancellation. In such cases Basu advices, "In case there is no clause for termination or cancellation, you can cancel the same on certain grounds of impossibility to perform the same, which can be made out from the agreement. However, if the agreement is cancelled on ..

If the builder had promised to deliver the apartment in December 2017 and in default to hand over the same, what was the compensation agreed to be paid for the delay till hand over of possession.

If the possession is being delayed without justifiable causes, then you can demand compensation for the delay till the date of possession.

In which case, you will have to issue a legal notice through an advocate seeking delay compensation and compensation and damages for the losses that you are incurring incidental to the delay. If the builder does not comply with your demands, then you can approach the RERA Authority or the Consumer court seeking redressal of your complaint.

If this promoted/builder is registered with RERA, you immediately file a case in RERA.

Please look up to find if this builder is registered with RERA.

The other option you have is to file a private complaint.

Hi

Since you have paid the 1st part of payment and the phase 2 cheque has not been encashed by the builder, issue notice seeking

a) Refund of 1st part payment along with interest.

b) Please also mark SBI a copy of the refund notice as the builder has failed to hand over the possession of the building

c) Since the EMI has already started, the loan component needs to be serviced by you as other wise your CIBIL rating will get affected

d) Since the contract is PRE-RERA, the option available to you will be to approach the consumer forum or a civil court for specific performance.

e) Since you have availed a loan from SBI, approaching the civil court for specific performance is advised as in the civil suit under specific relief act you can claim for all of the following

(i) you can claim refund along with interest and

(ii)Also claim relief from your obligations due under your loan agreement (possession/deposit of title deeds, registration of property if not done etc).

(iii) relief for not making payment of phase 2 (post dated cheque) till the dispute is resolved.

Hope this information is useful.

This is my response to you:

1. You should collect the paper evidences relevant to your case and arrange them in order;

2. You should collect evidences of advance payment made by you, including the agreement copy, make sure it is signed by both the parties, the banking transaction showing that you paid the advance amount for the booking;

3. You should write a personal letter to the the builder asking him to not back out from the transaction and hand

over the possession, otherwise you could take legal steps;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been wrongfully been cheated by the builder;

5. You can also file a complaint before the RERA authority if the project is RERA registered;

6. Then last stage you can file a case in court whether a suit or consumer forum and/or also file an FIR in police station.

If you dont foresee the completion of construction and delivery of possession in the near future and if it appears to be delayed inordinately, you may issue a legal notice communicating your decision to cancel the booking and demand the builder to refund the entire amount with interest from the date of booking.

Failing to invoke any response you may drag the builder to the consumer court for relief of refund of booking amount with interest and also for compensation for the deficiency in service.

Immediately contact a competent local lawyer and file a suit for recovery.