• Builder is not refunding money

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.
Asked 4 years ago in Property Law
Religion: Hindu

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30 Answers

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.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File FIR against builder, fast recovery. Along with it, can file consume complaint for compensation with interest.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Complaints before consumer forum may take some years to be disposed of 

 

file complaint against builder before RERA 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can make complaints against builder in RERA office and Consumer Forum of your city. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Yes you need to approach the consumer court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

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!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

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 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

If he is not giving your money back then lidge a criminal complaint against him immediately.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Also you should file a complaint in the RERA tribunal against him. The tribunal will decide your case and give you adequate compensation.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Is the project registered under RERA? 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Weather it's registered or not in the RERA still you can able to make complaints in it.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

It is mandatory to register with RERA if OC is not issued 

 

2) check RERA website whether project is registered or not 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

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!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

 - 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.

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file it in the consumer protection forum.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can file consumer complaint also and claim the compensation from the court along with refund

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

It is possible to register a complaint in RERA, even if this promoter and the particular project is not registered with RERA

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

No application of RERA if project not registered with it.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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  .. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

Even if it is not RERA registered, you can very well give a complaint against the builder with RERA, let them give a reply stating that it is not within their purview after which you can approach consumer forum for relief.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

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