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.
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
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.
hello,
Send a legal notice to them and thereafter file a complaint against them before RERA.
You will get your money easily.
Regards
1)Issue a legal Notice through an lawyer.
2) file a complaint in district consumer forum and claim compensation.
You first Complaint to the said dept. If not resolved file writ petition in HC for appropriate directions
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
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
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
1) You can make complaint in RERA office and in Consumer Forum as well.
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.
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.
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.
First send the legal notice and wait for their reply. accordingly move further. Before that go through the terms and conditions of cancellation clause.
