• Refund for cancelled flat

Hi

I have paid 4 lakh rupees for blocking an apartment with Adarsh builders which is under Rera. However before paying the rest of 10% which is 10 lakh, I have noticed inconsistencies in the agreement and what was promised during booking. So, I went ahead with cancellation.
As per the application signed, booking amount should be refunded in 45 days. Since, I have paid only 4 lakh towards blocking the apartment but not full 14 lakhs for booking, I was told, amount would be refunded only after 8 months.

Please advice how to approach 

Thanks 
Srujan
Thanks
Asked 4 years ago in Property Law
Religion: Hindu

5 answers received in 10 minutes.

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17 Answers

See in case there was condition of refund and builder fail to refund the amount in given period you.can file a RERA complaint seeking refund along interest for delay later then 45 days.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Nothing as such, complain to RERA for refund. Ground of cancellation will be disputed agreement and false offer by builder.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You need to approach consumer court or RERA for early refund of the amount paid. 

Otherwise you can wait for 8 months and demand Interest for delay in payment of advance paid.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

File complaint against builder before RERA and seek orders to direct builder to refund your money 

with interest 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. Refer to the agreement whether the date of refund i mentioned in any clause therein or not.

2. However if there is no such clause of delay in refund then you consider filing before the RERA Tribunal or before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Dear Client,

You may file a complaint in the Permanent Lok Adalat or Rera to get refund your amount. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Hello, 

  1. As the terms and conditions do not specify that the refund would delay by 8 months if the entire amount of booking charges, the builder cannot legitimately delay the refund. In case of any delay, he is liable to pay back with interest. 
  2. Issue a legal notice to the builder seeking immediate refund. Of he fails to pay despite the notice, you can file a suit for recovery in  the court. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

You can make complaints in Consumer Forum and RERA office. As the terms and conditions of sale brochure.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can approach rera for early refund

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Complain to rera seeking necessary directions to the builder to refund the payment made by you as the booking is cancelled.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello,

Approach a lawyer and ask him to send a legal notice if not complied file a complaint case in the consumer forum.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Hi

As per the T&C you are entitled for refund as stipulated i.e., in 45 days.

Issue notice, if the builder protracts the matter, you can lodge complaint with RERA and you can initiate proceedings before Consumer Forum. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file complaint before district consumer forum for deficiency in service and seek refund along with compensation for mental agony. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Their offer of processing the refund in 8 months appears to be legally unsustainable.

Fit case to issue a legal notice to this builder calling upon them to immediately process your refund 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You first issue a legal notice mentioning the cancellation of the booking and seek refund of the booking amount for the reasons you may rely upon.

After that you may approach RERA with an application for refund if the builder is not responding to the legal notice or you can even approach the consumer forum, no doubt ll these procedures may take more time than what the builder promised you.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

- As per law ,  homebuyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer.

- Further, if the terms/conditions of cancellation are missing , then the builder has to refund 100% amount and without any delay. 

- Since, the application of booking is showing the 45 days refund time, then the builder cannot escape from the said clause.

- Issue a legal notice to the builder for the refund of the paid amount with interest.

- Further, also lodged your complaint with  RERA.

- If, no response from them , then you should file your complaint with the Cosumer Forum .

- You will get refund amount with interest.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13229 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

Get issue a legal notice and threaten them to go to Consumer Forum for refund as well as for compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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