• Refund of money

I have booked a flat in parsavnath panipat 10 years back. Now the builder is not ready to give flats because of some issues and ready to return money but without interest. I want to know if i file acase then how much time it will take to resolve
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

You have quite a number of remedies against the builder.

You can file a complaint against him in either consumer forum or in RERA, where you can claim interest for the period of delay, compensation and litigation expenses from the builder.

Alternatively, complaint can be filed in NCLT where your money can be realised along with interest and compensation in the quickest possible manner.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) file complaint against builder before RERA and seek orders to direct builder to refund your money with interest 

 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can file a rera complaint before rera authority. The case will last dispose off with in 5 months from the date of institution. Send the complete details to understand and advice you the best. Kindly contact for detailed discussion. Regards

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

RERA is appropriate forum for such kind of dispute. There is no time limit prescribed for disposal of complaints. It will depend upon the business of the court. However in case of urgency you can apply for an interim order.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See if you file a case against the builder it can take 2-4 years to settle though the court shall grant you interest.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File a rera complaint 

Seek refund, interest and compensation 

Rera is very quick

Asking questions like how much time will it take for a matter to get resolved is most inappropriate 

How can a lawyer be expected to know precisely how much time will it take

A lawyer cannot even predict on an estimate of how much time it would take 

Further it is against the professional ethics to give representation on timeline to a client 

Everything in court is highly unpredictable 

There can be any twist or turns that happen in a court proceeding

So kindly refrain from asking such questions 

A good lawyer never gives any guarantee on time 

 

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

1) If you had made the "Agreement to Sale" with builder and its registered with registrar than Builder has to pay you as per current cost of the flat or issue flat to you.

 

2) If you have not signed "Agreement to Sale" and not registered as well than take money but it should be equivalent to today's current price of flat or ask builder to provide any different option of flat. Insist that you want flat.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. File a grievance petition in the local Consumer Court, and claim your booking amount with interest and relevant damages and compensations.

2.  Depending on the back-log in the Courts, such cases take from 6 months to 5 years to deliver a proper order.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Issue a legal notice to builder through an advocate and file a complaint before district consumer forum under deficiency of service and claim refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can approach rera if the said matter is if post may 2017. Otherwise you need to file case in Consumer court.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Its advisable if the builder is returning the full amount paid by you firstly to accept the same thereafter approach consumer forum claiming damages for deficiency in service. If you file a civil suit for recovery of money it will take lot of time to recover the amount

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

File criminal complain. You will get refund with interest as builder will settle matter out of court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Sir,

Resolution of case depends on the intensity of hearing and as well as alertness of parties. But you would have the advantage of interest of whole period interest till the decree is executed.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have niether been given the possession of the flat nor he is ready to refund the money with interest.
  2. Sir, there is reason for demanding interest on any amount as the same amount would have been invested somewhere else and that person would have had earned some interest on the same.
  3. I would advice you to file consumer case rather than going for the RERA as this would surely give you relief that you have been seeking.
  4. Plus the interest rate would be ordered as per the rate mentioned in the complaint, and from my personal experience I can say that cosumner forum acts good for the consumer and you would also be allowed litigation expenses.
  5. But, before that please give them a legal notice in a well stated manner and then use the same notice being the part of the complaint to avoid the limitation period (this may hinder your case).

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

The time taken for disposal of consumer case cannot be predicted however it may take at least two years but you can claim interest from the date of booking.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

there was some dispute going on between Parsavnath and paliwal resulting harassment for those who booked their plots there (from unverified sources), but as per my information, again from unverified sources, the dispute has been ended and soon they will start giving possession but thats not your query,

the answer to your query is below:

you have the option to file a case at Consumer Forum but pecuniary jurisdiction can be a factor, which needs to consider before filing)

another option is PLA (Permanent Lok Adalat), much speedy then Consumer Forum and result can be expected in 3-6 months,

RERA is another option but will have to look whether the project is registered under it or not and also it has some complication as its a new law.

therefore among three PLA is best as per my vision/experience

 

 

 

  

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

 

Following examples make you clear.

 

Cancelling an apartment booking?


Saurabh from Bangalore booked an apartment in January 2014 after taking a home loan from a well known bank. However, now he wants to cancel the booking and is ready to bear the necessary monetary loss. He wrote to Magicbricks.com enquiring about his available options while cancelling the booking? 

Buyers like Saurabh, who due to various reasons, are forced to cancel their booked property. However, the path to booking cancellation is unfamiliar to many. 
Sometime issues such as delayed project and exuberant cancellation fees being charged by builders are faced by such buyers. 

Following are some circumstances that buyers can identify and their solutions with while cancelling their booking. 

Asha Nayar Basu, partner, S Jalan & Co, a legal firm in response to Saurabh's query says, "Carefully go through the sale/ allotment agreement on the clause pertaining to cancellation of the booking. It will be as per the agreement. Some ag .. 
There are others who did not sign any agreement or did not have a clause of cancellation of the agreement. Take for instance Dharmesh, who entered into an agreement for an under construction flat. His agreement had no provision for cancellation. In such cases Basu advices, "In case there is no clause for termination or cancellation, you can cancel the same on certain grounds of impossibility to perform the same, which can be made out from the agreement. However, if the agreement is cancelled on  .. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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