Dear sir, you can file a rera complaint in this regard and get your money back.
Builder canceeled flat without intimation and denying for refund
Hi Sir, I am an IT professional residing in Greater Noida west. I booked a flat in Greater Noida West. I paid 10 percent (plus tax) of the amount to builder through cheque and signed a builder buyer agreement. I also applied for home loan but loan was not disbursed even it is sanctioned from the bank, because there is some problem with the builder documents and builder have some dues to authority. So after sanction of the loan amount is not disbursed by the bank to builder. Now builder cancelled my flat without any intimation and allotted same flat to another person. I have the documents for my booked flat. But builder is declining to return my flat or refund. Sir, please help me as I have a lot of responsibility for my family. Builder is not listening to us as I don’t have any approach. Kindly help me Sir, It was my hard earned money. Sir I am seeking your help.
Asked 6 years ago in Civil Law
14 Answers
You must move the consumer Court.
File criminal complaint agasint builder. You can get stay from court agasint allotment if you want the flat. Loan is halted for builder negative cibil.
So you are entitle to full refund with interest. Also submit your claim to RERA.
Hi,it is advisable to file a complaint for refund at RERA bench ,Noida..Under such circumstances the allotte has a legal right to seek refund from the builder ..
You can file a complaint to rera or consumer court and seek refund and compensation
file complaint against builder before RERA seek orders to direct builder to refund your money with interest as he has cancelled allottment of your flat
in alternative file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
seek litigation costs and compensation for mental torture undergone by you
Immediately file a case before the consumer forum for deficiency in service and also before the criminal court for cheating (Fraud) 420,467 and 468 IPC.
1. Send a legal notice to the builder to return your money as you have not breached the agreement and it's due to defect in the title of builder's land.
2. Lodge a complaint in the jurisdictional Police Station for cheating you by the builder for not returning your advance amount.
3. File in the competent civil court for recovery of your amount from the builder under order 37 of Code of civil procedure 1908.
Send a legal notice to him and thereafter if he does not reply then file a case before the RERa to claim refund.
regards
File a complaint before the jurisdictional RERA authority for refund along compensation and interest as builder cancelled the flat wrongly.
File a civil suit for recovery of money. Get the agreement entered between you and builder scrutinised and proceed with filing of recovery of money suit. Also you can lodge a complaint with police but it may not hold much ground.
If you are specifically interested to get flat you can file a suit for specific performance of contract along with ad interim exparte injunction restraining the builder from allotting the flat to some other person.
You are rightfully entitled to the refund of your booking amount, since this book has not been cancelled by you but by the builder.
Send a legal notice to the builder in the present matter, seeking full refund of your deposit along with interest.
If the legal notice fails to help, approach UP RERA at Gr. Noida by way of filing a complaint.
issue a legal notice through an advocate and file complaint before district consumer forum.
Dear
You should file a complaint to regulatory Authority of RERA or consumer forum regarding cancellation of flat without any notice.
Also claim for compensation along with refund of your booking amount with interest in case builder refuse to allot another flat to you.
Builder is bound to return the allotment amount in case of cancellation of flat.
Other option is to file a complaint with consumer forum regarding selling of flat booked by you
