• Dont want delayed property but builder not refunding money

Bought shop in gurgaon , as a practice it was pre launched project, there waw to be a cinema above the project as well , but project got delayed 6 years due to various licensing issues etc , now the project is over taken by adani builders and its being made and construction has already started , but they have changed everything from size of the shop to various types of charges and whatnot , and no cinema , so i dont want the shop and i want refund .........here it gets problematic , i have given cheque plus cash also , and bulider is not ready to refund cash at all ,but saying you pay the installments as project is not under fast construction , but i want out and be done with it , life has changed totally after 6 years .

can i go to NCLT irrespective of cash component being involved and get my money back ?? what other alternatives i have ??
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Rather than approaching NCLT, you should approach consumer Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

it is in your interest to pay installments and get possession of shop 

 

2) the reason being at most if you cancel your shop you would not get cash refund . 

 

 

3) you would only get cheque refund by filing complaint before RERA or consumer forum 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1) You can go and complaint in the RERA,  as the project has been delayed by the builder and now the project plan has been changed so you are not interested in the project and withdrawan from the it and want refund amount whatsoever you have paid along with interest.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hi, dear client you can approach the RERA authority to get the refund of the entire amount you paid to the builder. As per supreme Court order, you can not approach nclt, if you have remedy  under RERA. You can contact our law firm juristscorpus.com. For legal advise. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

1. If you have receipt to prove payments in cash the builder is bound to refund the same.

2. So stick to your stand and claim the same.

3. If he does not refund the whole money along with interest then you can file case before the consumer forum wherein you would would get necessary reliefs as sought for.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

Yes you can go to consumer court. You can also approach rera is rera is applicable to you. You can also go to nclt. You can opt for one of the remedies

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

A buyer who is the victim of the unfair practices of the builder can approach the following forums for his redressal:

He can file a civil suit in a Civil Court.

He can file a complaint before the consumer Forum

He can file a complaint before NCLT.

He can approach RERA.

He can file a Criminal Case.

 

You should start by serving a legal notice to the builder and giving in 15 days time to repay the entire amount along with interest and compensation. If they fail to do so you can file a complaint against them in RERA.

If regulators under RERA fail to resolve, the dispute may be referred to the National Company Law Tribunal (NCLT) for adjudication.

Once the petition is filed, the NCLT gives a reply within 14 days of either accepting or denying the CIRP application.Once the builder is considered insolvent by the NCLT, the tribunal gives an interim order to suspend the company’s Board of Directors and a Resolution Professional takes over the company’s management until the corporate insolvency resolution process ends. Claims are invited by the resolution professional, who also verifies and classifies the claims by the financial and operational creditors. Once the claims are verified and classified, the Committee of Creditors (COC) is formed within 30 days. The insolvency professional submits a final plan to the NCLT within 180 days, which may be extended up to 270 days if the tribunal deems it necessary.

Regards.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Better than NCLT, you should approach RERA in this case.

The builder clearly seems to have violated section 12, 14 and 18 of the RERA Act.

Contact a local lawyer having decent experience of handling RERA matters.

Also, you have remedy before NCLT too. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

You can go for a consumer complaint for delay it would be appropriate forum to address your issue of the refund.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

there is no evidence of cash payed by you 

 

2) you dont have any receipt for cash payment made by you 

 

3) you would not get back your cash whether you file complaint before RERA or consumer forum 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You'll get the entire amount paid by you to the builder, alongwith interest compensation and litigation expenses, if you are able to prove there was some deficiency in service on part of the builder.

The best and fastest way to get your money is to file a  insolvency petition against the builder in NCLT as cases are dealt there in a time bound manner.

RERA and consumer courts take more time.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

  • If cash involved have taken receipt every deposit or not ?
  • Do builder accept that you have given cash to him.
  • What type new application is signed by you, have you checked it
  • RERA is best option as its regulatory authority for real  estate problems because your project is still under construction.

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

If you receipts for all the payments made by you, you can approach RERA without any hesitation. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If the matter is of 2013 and commencement certificate is not received till may 2017 then rera will be applicable else not. But you are free to go to consumer court for defiency of service and NCLT as operational creditor

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

See if there is proof of the cash component then only you will get refund of same otherwise in absence of any receipt you will not receive it back.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is fit case to approach RERA authority.

All real estate dispute now come under jurisdiction of RERA. Duties liabilities of builders and relief and remedies available to aggrieved parties are very clear and specific in RERA.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Issue a legal notice to builder through an advocate and file a complaint in consumer forum under Defiency of services and claim refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You first communicate your decision to cancel the booking and send the same by registered post to the builder while demanding your entire amount which includes cash and cheque payment along with interest.

Let him give a reply to comply with your demands or not, if not then you may initiate process for recovery by various methods including through the NCLT.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If your concern is about the cash payment alone, then you dont worry about it, you can include the cash payment also in your demand for refund.

You can mention the cash payment made to the builder in your notice, let him deny or ask you to prove, it can be taken care during trial -proceedings.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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