• Purchased a plot 4.5 years back, no possession, want refund

Hi,

We're 3 people who've purchased a plot in Lucknow 4.5 years back in Konark Sun City , Area = 2150 sq ft, Till date builder has not developed that land (No Roads, sewers construction as promised in Brochure)

Given me an allotment letter along with Plot-no & Map, but in actual there's No possession on ground.

Due to lack of hope & loss of complete Trust over Builder, we want our entire money back with 18% interest along with compensation for Mental Harassment from Builder.

http://www.konarkshineindustries.com/


Plz guide us in this regards, How to take further steps.

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

4 answers received in 10 minutes.

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20 Answers

You can easily seek a refund since the builder has failed to keep its promise.

Issue a legal notice to the builder seeking full refund of your deposit along with 18% interest.

File a case in RERA/Consumer Forum in case the builder fails to comply with the legal notice.

You are protected in terms of section 18 and 19(4) of the Real Estate Act.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Approach a consumer court for refund of money and compensation.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Sir file a consumer complaint at appropriate jurisdiction territorial and monetary seeking refund along interest and cancellation and the damages and compensation for mental harassment caused due to malpractice and deficiency of service by builder.

First you can serve builder a legal notice if in the notice period builder fails to take steps file the complaint seeking all relief along the litigation fee.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)did allotment letter mention when development would be completed?

2)what are the terms and conditions of allotment ?

3)has any sale deed been executed ?

4)is there any cancellation clause in the sale deed?

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear client,

What is the date of possession ?

You are open to file criminal complain against builder u/s 420 406 ipc.

If project registered with RERA than complain to it, recovery in 45 days with interest.

Compensation with interest through consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Fit case to approach RERA/consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello

A lot of builders have duped innocent buyers by making them sign agreements and not delivering either the flats plots or the house and retaining the amount and later on offering them a n alternative arrangement or none at all. File a case with the state consumer protection commission against the builder. Rera is an option too.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. Since it is a plot of land only without any construction to be built thereupon, the matter can not be agitated before the Consumer Forum and civil suit shall have to be filed in the instant case.

2. First file a police complaint against the said Developer alleging that he has cheated you by taking the full amount but not delivered the developed plot as was assured byb him in the brochure published by him.

3. Thereafter file a Money Suit before the Court claiming refund of the entire amount paid with interest, damage and cost.

4. This is a good case to win though it may take at least 2 to 4 years to be disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

First of all when you file a complaint donot mention it was for investment mention three friends wanted to develop property for own use otherwise you to go to civil court under commercial transaction the consumer court will not entertain.

Further you have given enough reasonable time to builder notice can be issued to builder for cancellations and refund with interest.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Pay balance 10 per cent and call upon builder to execute registered sale deed in your favour for the plot allotted to you

2) most builders are facing financial constraints and not in position to refund money

3) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

You may certainly file the case against the builder.

I am unable to see the builder in the list of promoters on the website of RERA and as such case has to be filed before the State Consumer Forum.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. If it is not RERA registered then approach consumer court;

2. If the building does not have CC then definitely complain to RERA as well;

3. If it is not registered in RERA then also it is bound by it and RERA can take action;

4. In consumer court, you can seek compensation clearly at the rate of 18% for mental and monetary losses suffered by you;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

From the follow up question I can see that you have a very good case to claim compensation.

It is however advised to share the entire set of documents for a more concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have two solution for this problem

1. If the value of transfers you made is more than 20 lacs for one plot are together in three plots you may move to complaint in the state consumer dispute redressalCommission which is situated in Lucknow near Shaheed path.

2. You need to file criminal complaint in the criminal court under Section 419 420 and 406 for cheating and fraud along with the misappropriation of your fund in the names of directors of the company to make them personally accountable for the fraud. The land titles are not clear in this project.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

It is very easy to get back your refund since your builder appears to be a reputed builder. They don’t want to make issues and get their reputation lowered.

1.Just get issue a common legal notice

2. File a complaint before consumer forum

3. Your issue may be resolved within 6 to 18 months.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You have a good prima facie case to file a complaint against the Builder in consumer court for deficiency of service and unfair trade practices adopted by the Builder under the Consumer Protection Act seeking complete refund, interest compensation and litigation expenses from the builder due to delayed possession of property.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You should not get the registry done until unless the plot has been fully developed as per agreement signed between you and the Builder.

Also, you should serve a legal notice to the builder cancelling the agreement as he had failed to perform his part of the contract and thereby seeking entire refund along with interest and compensation. If you felt to do so within 15 days of receipt of the legal notice, you should proceed to file a consumer complaint against him.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. Since the sale deed has not been executed you should serve a lawyer's notice to the builder to cancel the agreement and demand the refund of money with interest.

2. Most likely the builder will refuse to refund the money. So you will have to sue him in the consumer forum on account of deficiency in service under Section 12 of Consumer Protection Act.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

if you have booked the plot with full payment and see no sign for any development by the builder, you may decide to cancel the booking.

You can send a communication in writing to the builder stating tht you have cancelled the booking owing to the reasons whatever you may rely upon and demand him to refund the amount with interest, send this communication by registered post either by yourself or through your lawyer.

If he is not complying or no response from his side you may drag him to consumer forum for relief and remedy

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

If the builder has given an allotment letter then you have to ask him to identify the property.

If he is not identifying the property then it is a fraudulent transaction.

If the date of possession has been mentioned then you should take possession by getting the property registered on your name, if not you will be losing the money as well as the property.

You cannot sit and relax on this issue for years together.

You may consult a local advocate and jump into a legal action if you want to safe guard your money.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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