• Refund not processed

Dear Sir,

This is to bring to your kind attention that my refund issue has not been resolved till now. It has been 1 year now and till now I have not received my refund.

My name is - MOHD SHOAIB SIDDIQUI

I enrolled for Pradhan Mantri Awas Yojna for which Paarth Infrabuild Pvt. Ltd. I was allotted flat in Abha LIG 13TH FLOOR, FLAT NO- 10 ( ABHA-GEN -12320) . I deposited security amount of Rs. 21000 /- and then I also paid the 1st installment of Rs. 75202 /- but due to some Financal Crisis I had to Cancel the unit . I asked Paarth staff about the procedure to cancel the unit and my refunds process. They said that I have to write cancelation letter and provide reason for cancelation of my unit. They also asked for 1 canceled cheque of my bank account for the purpose of processing refund. When I asked them how much time it normally takes to process the refund. At first they didn't had any proper information on it but then someone from their staff said that it will normally take 2-3 months to process the refund. I was surprised to hear that because as per Rera guidelines the developer should process the reund within 45 days. I was still patient and waited for 3 months. No refund was processed. I called them again and again and no one picks up the call. Even if they pick the call they don't have any proper information on the refund. Lastly one of their staff informed me that once my Unit is sold, then my refunds will be processed. So by that it means that if my unit is not sold till 10 years, I won't get my refund till 10 years. Doesn't make any sense to me. 

Please tell me what legal action i can take against them so that they process my refund
Asked 5 years ago in Property Law
Religion: Muslim

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13 Answers

Issue a legal notice by marking a copy to the incharge the government official of the project if they fail file RERA complaint complaint claiming refund along interest .

Alternatively you can also file a consumer complaint regarding same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

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

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

hello,

Send a legal notice to them and thereafter file a complaint against them before RERA.

You will get your money easily. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1)Issue a legal Notice through an lawyer. 

2) file a complaint in district consumer forum and claim compensation. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You first Complaint to the said dept. If not resolved file writ petition in HC for appropriate directions

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

1) issue legal notice to builder to refund your money 

 

2) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

 

3) in alternative complain before RERA against builder and seek refund 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

the builder should be served with a legal notice and if they do not respond then a case should be filed in the RERA tribunal or can also be filed in the state consumer forum.

regards

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

  Dear Mr Shoaib,

Please call me to discuss the issue of refund from Parth infrabuild in detail so that your payment of refund can be processed another case if path and probably is not ready to pay then we can go to the consumer forum as rera is not that much effective because most of the Builder for avoiding the provisions  I have dealt many cases  like this .

you  can find my detail from this site and call me.


I am very well known to Parth infrabuild and in case there is a legal notice sent from our site then definitely they will pay otherwise I can co-ordinate with them

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) You can make complaint in RERA office and in Consumer Forum as well.

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

Dear Sir,

Get issue a legal notice and then lodge a complaint with RERA .  Most of the builders will be afraid of proceedings before Rera due to their reputation in the market,  They will come down and settle the issue very soon.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If you have already intimated your decision to cancel the booking and the same was communicated in writing and the waiting period has been very long, you may issue a legal demand notice through a lawyer.

Let them give a reply deny or not comply with the demand made, you may file a complaint with the consumer forum  for relief and remedy including compensation for the mental agony.

 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

You need to immediately send them a legal notice, and seek immediate processing of your refund.

If the needful is not done despite the legal notice in that case, prefer a complaint before UP RERA. Pls note that to prefer a RERA complaint, Paarth Infra and this particular project must be registered with RERA.

Visit up-rera.in for more help.  

 

Vibhanshu Srivastava
Advocate, Lucknow
9632 Answers
303 Consultations

5.0 on 5.0

First send the legal notice and wait for their reply. accordingly move further. Before that go through the terms and conditions of cancellation clause.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

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