• Cancellation of allotment

Hi Sir,

I bought an under construction apartment ( 2 BHK 990 square foot ) in resale Sep 2013. The project is on continuous delay by the builder who went on to develop his mall in Sector 51 , Noida putting residential project on backseat. Can i exit project now and ask builder for cancellation and refund my amount as it has been more than six years and almost 8 years since project launch. The latest update has been that builder has completed first 3 towers , however the tower in which I have flat is still under construction. I have also paid pre-EMI interest to bank to tune of approx.10 lakhs . My question is how do I proceed about getting my refund? Can I also make any claim of loss due to delay in posession?
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

Hi,it is advisable to file complaint under section 18 RERA ,for seeking refund along with  with interest 10.75 percent per annum..The RERA is a fast trial bench and has a provision to decide the case within 2 months of filing complaint 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Under RERA, for delayed project, you can now have option to withdraw youself from the project and get the money refund with interest for the delayed period or otherwise to get interest for every month of delay till the handing over of the possession of the flat.

To get above relief you need to lodge complaint with the RERA authotities.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You can cancel your booking and seek refund of money paid by you with interest 

 

2) if builder fails to refund file complaint against builder before consumer forum and seek refund money paid by you with interest 

 

3) also claim litigation costs and compensation for mental torture undergone by you 

 

4) in alternative file complaint before RERA and seek orders to direct builder to refund your money with interest 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

The builder has duped you into all this. Ask for a refund and if he doesn't respond then file a petition with the rera authority.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear sir, 

What you can do as of now is send him a legal notice stating that a civil or criminal proceedings will be initiated against you if the project is not completed or your hard earned money is not returned.

secondly, the legal option with you right now is to file a suit for mandatory injunction and if not granted, compensation can be prayed a alternate remedy.

thirdly, consumer complaint can be filed  in the state consumer forum asking for compensation for the dealy in the project and direction to complete the project.

These are the legal options available with you. 

You can contact me for consultation. if any.

Regards,

YUGANSHU SHARMA

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Dear Client,

You may file a suit in the PLA ( Permant Lok Adalat) to demand refund with loss. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Hi

Firstly the Agreement terms and conditions to be perused in order to give clear suggestion.

However, if the said agreement contains exit clause you need to invoke  it.  Further, check for delay / default clause.

In all probability, you can exit from the same and also can claim damages from the builder.

The above suggestions are restricted and are based on the contents of the post only.  The same may change based on the terms and conditions of the Agreement.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See if there is delay on part of the builder ask builder for cancellation and refund along interest if on notice he fails file a RERA complaint or alternatively a consumer complaint can also be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can file consumer court or rera. You can claim compensation

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If there is a delay in handling over the possession as per the agreement then on this ground you may move an application before the builder for cancellation of the allotment and ask for refund 

 

if the builder doesnot make the refund then file a case before the RERA

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Buyer can't wait indefinitely for flat, you are entitle to refund with interest. If denied by buyer, approach consumer court, Compensation will also award by court.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

issue a legal notice through an advocate and file complaint before district consumer forum on defeincy of services And claim refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You may decide to cancel the booking owing to the inordinate delay ion completion of the construction.

If you want to cancel the booking you may communicate your decision in writing to the builder and send the same by registered post while demanding your booking amount with interest till this date amend also the expenses you incurred towards bank interest and other eventualities.

If the builder's response is not positive or he is reluctant ion settling the amount you may approach RERA for relief and  recovery of your amount demanded.

If RERA is also not effective then you may approach consumer forum for relief, remedy and compensation for the deficiency in services.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Dear

First send an Email to Buildet for cancellation of flat and refund of money with interest and see what he reply if reply is in your favor then wait for action if not

Then send him legal notice through lawyer for cancellation of flat and refund of money with interest.

If he still fail to refund the money and cancel the flat booking file a complaint against the builder to regulatory authority under RERA act 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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