• Builder not giving refund of booking amount

Hi, In the month of Feb 2019 I gave an advance of 50,000 to a builder for a flat in a housing project.After the advance due to some reasons my loan got rejected by bank and as per the agreement the builder agreed to refund my booking amount of 50k. But it has been 6 months that I am following up with the builder and still not getting the refund. I talked to the director and he said by end of august'19 but he also faltered in giving the refund by end of august. What can i do now to get the refund from builder.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

1. Send a request letter to the builder to refund your advance amount of Rs.50,000/-, in view of rejection of your loan by the Bank.

2. In case the problem is not yet resolved, send a legal notice to the builder to get back your advance amount of Rs.50,000/-.

Shashidhar S. Sastry
Advocate, Bangalore
5636 Answers
339 Consultations

Dear Client,

You may file a complaint in the Permanent Lok Adalat for refund of you booking amount. You may also complaind in RERA.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You can file the complaint to rera or consumer court

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

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

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

In absence of any cancellations terms you can claim hundred percent refund. 

Complain to rera seeking directions to builder to refund the booking amount since booking is cancelled.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hello,

They will not going to refund you, so first go through the agreement if there is any clause which mentioned about the cancellation fee and how much it is. If there is none approach a lawyer and send him a legal notice if not complied file a complaint case in the consumer forum.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

you can file a RERA.compaint against the builder , The RERA authority shall order for refund of amount with the interest.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Issue notice to the builder, if he doesn't respond initiate proceedings before Consumer Forum.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

File a complaint before District Consumer Forum.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. Send him a legal notice seeking the remaining refund with i the interest asap.

2. if not then file a case before the consumer forum wherein you will get the full money with interest along with enough damages and compensation to bear the cost of litigation.

Act accordingly.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Fit case to shoot a legal notice to this builder calling upon him to process the refund in your favour immediately.

 

Contact a local lawyer to get the above notice drafted and despatched.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

A legal notice must be sent to the builder and if he doesn't reply and give back the money file a case in the district consumer forum demanding your money and compensation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

issue a legal demand notice to the builder through advocate and if builder did not pay the amount with in stipulated days as mentioned in your notice, you have to file a suit for recovery against the builder. You can also approach to consumer court. 

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

You should send him a legal notice through advocate for refund of advance paid. 

If he fails to refund the money in 15 days file complaint in consumer forum.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can issue a legal notice to the builder narrating the events that took place and demand the refund, send this notice by registered post.

After waiting for a stipulated time as mentioned in the legal demand notice, you may initiate legal action for recovery of money through court.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Dear Sir,

Get issue a legal notice claiming refund as well as compensation for mental torture.

Kishan Dutt Kalaskar
Advocate, Bangalore
6245 Answers
501 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer