• Cancelled flat booking, but builder avoiding refund from long

I have booked flat in 2015 with Puranik Builder for Project name Puranik Abitante Bavdhan Pune with booking amount 1Lac rupees and Immediately after 15days I cancelled booking. But I havent recieved by refund.Builder is ignoring to request.How should I proceed with this.Kindly seek guidance.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Firslty, as per the information mentioned I th epresnet query, makes it clear that you have cancelled the booking, but not refunded till yet.

Secondly, you may have to approach the RERA forum to get the same back plus interest over it since then till now.

Thirdly, it has been showing very great ration of completion of cases before it in many states of our Country.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Send the builder legal notice seeking the refund of the money.

If the time is short between the date of payment and date of cancellation then the builder is bound to refund the money immediately deducting a nominal amount towards processing fees, if any.

if he does not refund then you can file a case before the consumer forum wherein you would be awarded with both refund, interest and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

What were terms and conditions of allotment kindly clarify

If there is forfeiture clause you would not get refund

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Get a legal notice issued to builder

You wont get relief from Rera as there is no registered agreement

However if project is Rera registered then you can invoke section 12 of rera for making of misrepresentation by builder due to which you had to cancel booking

The fixed court fee for rera is 5k

You may or may not get relief there, but whatever it is, the outcome is very fast

If you go to file a civil suit in district court it will be essentially useless as it takes many years

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

You may choose to file a consumer complaint against the builder before State Commission or National Commission (depending upon territorial and pecuniary jurisdiction) and claim refund with interest rate.

Commission has been passing orders in favour of consumer in such kind of cases.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Sir give builder a legal notice to refund your amount which is duly acknowledged by him.

If he fails file a consumer complaint before district forum and seek interest along amount and compensation for mental harassment for malpractice of builder.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, it is advisable to issue him a legal demand notice to refund the amount within 15 days .. If he fails to comply , you can file a civil suit for recovery against him in court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please refer to your application and see the class of application and cancellation I believe there is a cancellation class without no refund that's the reason that builder is not paying you back but in case there is no classes search you can move your complaint to the consumer forum against the Builder and at the same time you can complaint in rera against the Builder

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello

On the basis of facts stated by you...the builder is in breach of trust and in violation of the agreement si send a legal notice to him and if he does not respond then file a case.Kindly lay out full details in order to better appreciate the controversy.the agreemnt signed here is relevant.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly send a legal notice to him;

2. Read the terms of the allotment letter;

3. If it is RERA registered then you can file complaint there;

4. If problems still persist then approach police station;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You send a legal demand notice to the builder and if he is still not responding or not complying with the demand made, then you can file a money recovery suit or drag him to consumer forum for relief and remedy including compensation for the deficiency in service.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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