• Lakshya Aquapolis continues to delay the project and keeps harassing me by offering false promises

Hi,

My name is Chandan Kumar Singh, and I have invested with a real estate builder called Lakshya Realinfra in Ghaziabad, Delhi NCR. It has been over 6 years since I booked the project and the project is not even halfway complete. I don't think it ever will. I have been after them to give me my refund for the lase several years but every time they fooled with me by giving me one false promise after another. They recently even gave me a signed letter with a deadline for refund but now they aren't even honoring that. My case is slightly different from others and it's a long story, but I have documented everything. You can read all about through this website here that I created to expose them: http://lakshyarealinfrareview.com/

I want a legal opinion on this to understand what can be done to teach them a lesson so that they do not do this with any other builder. Please help.

Regards,
Chandan
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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16 Answers

Firstly, server legal notice to them asking them to repair the entire amount with the interest within 15 days of receipt of the legal notice. You can also claim compensation and notice fee from them in the legal notice.

If they feel to adhere even after receiving the legal notice, you can file a complaint against them in consumer court or under RERA claiming the aforesaid reliefs along with litigation fee.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Mr. Chandan, please note that your case falls for two jurisdictions; firstly, consumer court through which you can file deficiency of services for not completing the project in due time despite various correspondences exchanged as a promise. Secondly, if your amount including purchase and compensation with interest satisfies the pecuniary jurisdiction of the NCLT then, in that case you can by virtue of the notification of 2016 falls in the domain of jurisdiction of NCLT- which is a fast and speedy process you can undertake. As an additional aspect, you may proceed to file a.civil.suit for specifically performance also, but that wouldn't be too helpful and expedient. Lastly, it is also important to have a look at the documents.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

you can send a legal notice to the builder, claiming the refund of the amounts paid along with interest and/or damages.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Cleint,

Complain to RERA, under UP RERA rules, Homebuyers can now exit the real estate project at any stage

The builder is also bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

And for his default you can seek cancellation of booking and refund with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. please approach RERA

2. has this builder executed and registered agreement for sale with you?

3. if yes what is the date mentioned in that agreement?

4. if no agreement is executed then you can use the allotment letter and the conversation with the director of this builder for the date of handover of possession

5. very sadly in Mumbai, RERA has ordered in various judgments that if there is no registered agreement for sale between builder and buyer, the buyer has to wait till the date mentioned on the RERA website on which the builder has handover possession

6. i hope that is not the case in your state

7. seek refund of money with penalty/interest and compensation

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Sir Since the project is ongoing it must be registered with the RERA therefore a complaint under RERA can be filed seeking refund along the interest and compensation for mental harassment and the delay of so long you will get relief under same.

Alternatively you also have option to file a consumer complaint, you can issue a legal notice to the builder and he fails to refund amount with interest and compensation file a consumer complaint for deficiency of services and malpractice in the consumer court seeking refund along interest and compensation and litigation fee,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have already filed complaint before RERA against builder as he failed to honour his commitment of refunding your money

2) you are entitled to interest on your refund amount

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Suit for damages take 15 years to be disposed of

2) RERA would pass orders against builder to refund your money with interest

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Mr Chandan, please note that I have gone through the documents on the website you mentioned and explained. It can be filed against the builder in NCLT which will be a speedy process and you can claim damages too. It would be proper to communicate though email on the basis of documents.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Send a legal notice and thereafter file a case before the RERA.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir,

If the case is already pending before RERA then nothing can be done by you at this juncture.

Inform the authorities on the next date of hearing that they have not fulfilled the promise and have not abided by the undertaking

Any proceeding before the said date will be barred, due to pendency before another tribunal .

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As currently you have a suit pending in RERA forum you cannot approach civil court with the same cause. So wait for the judgement by RERA.

After the judgement you can file suit in consumer court for fraud, cheating and deficiency in service.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, yes, you can claim compensation for sure as you may be have an idea that RERA is there for the people like you.

Secondly, you may move an application seeking urgent requirement to look into the matter otherwise then hmmm keep on doing it with others.

Thirdly, once you do that then I am pretty much sure that you may get an edge this time or they would go behind the bars.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. Consult a local lawyer and show him all the documented proofs;

2. Seek an early date in RERA;

3. File for damages for mental and monetary losses;

4. More importantly file a police complaint against the builder under 406 and 420 of IPC;

5. The Hon'ble High Court of Bombay has held that the builder cheating a customer is a criminal offence;

6. See the link herein: https://indianexpress.com/article/india/cheating-complaints-against-builders-not-civil-in-nature-bombay-hc-5171307/

7. Take criminal action against him;

8. The police have to register an FIR, if they do not then approach the HC.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If your builder is not refunding the booking amount despite tall assurances on it, you may better issue a legal notice to him on this and can drag him ton the consumer forum for relief and remedy and also for compensation for the mental agony caused by him in this regard.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

If he has not honored the RARAQ orders also in this regard, then yo may file an application before RERA for hering advance and in that you may explain your problems in this regard and seek its intervention to pull the builder and to direct him to pay the amount immediately.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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