Approach RERA and file a complaint with the RERA Authrotiy.
Your case is squarely covered under section 18 and 19(4) of the RERA Act.
You deserve full refund of your deposit along with interest.
Contact a RERA lawyer.
Seems I am trapped in fraud. In 2014 I booked a flat in Sai Upvan Society near Gaur City. The builder (Mediator), they told that possession will given after 6 month. But Still I didn't have the possession. Due to some critical illness mediator pass way. Then after that I talked to the main owner to refund my money 2.8L and he denied and start to threatened me. Also offering me for another Flat. But still I am on my talk that refund my money back. Now in a days he is not responding. Kindly suggest me what to do. I have agreement on 100 Rs Stamp paper & copy of cheque paid(Syndicate Builders Pvt Ltd). Please suggest me what to do? I am a salary based employee. I need my money back.
Kindly suggest me what to do if the builder is not refunding money back. I that will be better to knock consumer courts of Noida extension.? Please suggest.....
Approach RERA and file a complaint with the RERA Authrotiy.
Your case is squarely covered under section 18 and 19(4) of the RERA Act.
You deserve full refund of your deposit along with interest.
Contact a RERA lawyer.
File FIR against builder, fast recovery. Along with it, can file consume complaint for compensation with interest.
File complaint against builder before RERA and seek orders to direct builder to refund your money with interest as he has failed to deliver possession of flat for last 5 years
Complaints before consumer forum may take some years to be disposed of
file complaint against builder before RERA
See you can file a consumer complaint before the District forum before that you can try giving complaint before police for breach of trust and cheating in case police helps you your matter will be resolved fast though police may reject saying it a civil matter then you have to approach the consumer court.
- First of all , you should send the builder , a cancellation notice for cancelling the agreement , after mentioning that due to his dilly dally tactices and delaly in the delivery of possession etc, you are bound to send him notice , and thereby ask him to refund your amount within a period of 7 days.
- If, no response and not refund the amount to you , then you should file a complaint before the consumer court on the ground of said notice.
- As per law, If you will cancel the booking , due to any fault of builder, such as, delay in delivery etc , then you have right to get entire amount along with compensation back from the builder.
- If the builder not responding you , then file a complaint with the police as well.
Good luck and dont forget to rating Positively.
Greetings!
If You are not willing to the offer of builder that they are providing you the other flat then the builder can't compel you for tat.
If the builder is not responding to you then you can send a 3 legal notice for refund of amount and wait for a response . After which we can approach a court for your claim with all the proof of your legal notice and intimation to the builder through mail or through telephonic conversation!!
Dear sir,
If the builder has not given you the possession of the flat, and you want your money back. Then the appropriate forum will be consumer court where you can get your money back along with the compensation. since all your talks with the builder is going in vain, this will be the appropriate remedy.
You can contact me for consultation and for filing the case.
Regards,
YUGANSHU SHARMA
ADVOCATE
If he is not giving your money back then lidge a criminal complaint against him immediately.
Regards
Also you should file a complaint in the RERA tribunal against him. The tribunal will decide your case and give you adequate compensation.
Regards
Send a legal notice to the builder first if he does not thereafter settle the issue then you move to the appropriate court of law.
Regards
I do not know if it is RERA Approved or not...When I booked in 2014 it was not registered. Suggest me if it not registered as RERA then what step should I take. I have all the copies of booked agreement and cheque.
It is mandatory to register with RERA if OC is not issued
2) check RERA website whether project is registered or not
As I told you sent a legal notice first then you can approach a court by filing a suit for refund..
Moreover agreement of rs 100 is not valid as the agreement to sale has to be registered after the amendment of clause f to section 17(1) of registration act its compulsory that agreement to sale has to be registered.
However you have no strong deed as per law ; try to send a legal notice and wait for a response any how u will get back the amount wat you have paid as per the clause of agreements!!
- As per the Central Act , every real estate project , where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed , must be registered with RERA.
- Further, the Act clearly says, that homebuyers beware of buying in a project under construction, which is not registered with your state's Real Estate Regulatory Authority (RERA).
- You can get the details from the website of RERA , Noida ,whether the builder is registered or not.
- If, registered , then the better option to file your complaint with RERA to get the refund earliest.
See you can give a RERA complaint if not RERA registered along with adding a point that he has breached RERA law by not registering he shall be penalised for same also.
Alternatively a consumer complaint can be filed.
It is possible to register a complaint in RERA, even if this promoter and the particular project is not registered with RERA
You should send him a legal notice for refund of token money along with interest and compensation for delay.
If he fails to refund money you can file complaint with consumer forum or RERA against main builder.
Dear Sir,
Following examples make you clear.
Cancelling an apartment booking?
Saurabh from Bangalore booked an apartment in January 2014 after taking a home loan from a well known bank. However, now he wants to cancel the booking and is ready to bear the necessary monetary loss. He wrote to Magicbricks.com enquiring about his available options while cancelling the booking?
Buyers like Saurabh, who due to various reasons, are forced to cancel their booked property. However, the path to booking cancellation is unfamiliar to many.
Sometime issues such as delayed project and exuberant cancellation fees being charged by builders are faced by such buyers.
Following are some circumstances that buyers can identify and their solutions with while cancelling their booking.
Asha Nayar Basu, partner, S Jalan & Co, a legal firm in response to Saurabh's query says, "Carefully go through the sale/ allotment agreement on the clause pertaining to cancellation of the booking. It will be as per the agreement. Some ag ..
There are others who did not sign any agreement or did not have a clause of cancellation of the agreement. Take for instance Dharmesh, who entered into an agreement for an under construction flat. His agreement had no provision for cancellation. In such cases Basu advices, "In case there is no clause for termination or cancellation, you can cancel the same on certain grounds of impossibility to perform the same, which can be made out from the agreement. However, if the agreement is cancelled on ..
You have not disclosed the terms and conditions which you have signed at the time of booking of the flat but even then for recovery of your booking amount you have to send 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 but it will be finally decide which forum is best for you only after reading terms and conditions of your agreement.
You have two options
First to file consumer complaint for deficiency of service on the part of builder by claiming back your earnest amount along with claim of compensation.
Secondly you have option to file civil suit for recovery of amount so given by you as earnest amount.
You first issue a legal notice informing the builder that since the handing over possession is getting inordinately delayed, you are hereby cancelling the booking.
You can demand the refund of the booking amount, if the builder is not complying with the demand made then you may drag him to RERA or consumer forum for remedy and relief.
Yes, you can approach the consumer forum for relief and remedy.
Before that you may issue a legal demand notice giving him an opportunity to return the amount.