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
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?
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
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.
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
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
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
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.
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.
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
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.
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.
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