Hi,an allotte can seek refund of his amount by  cancelling the unit ,if the builder has made false promise in the agreement to sale ..It is advisable to file the complaint before RERA for seeking refund ..

You can cancel the booking if builder has failed to complete construction within stipulated period 

2) if possession was to be delivered by December 2019 you should not have agreed for extended period for completion unless builder paid you compensation for delay in delivery of possession of flat 

3) you are at liberty to go to RERA or consumer forum if builder fails to refund your money 

4) no lawyer can give you any guarantees 

5) lawyer will not agree to only 10 per cent payment and balance on receipt of refund 

1. Serve him a legal notice for taking 40% instead of 10%. If he don't reply than file a complaint against him in the consumer court. You might get the 40% deposit amount with interest. 

2. Go to consumer court.

1. Can be done.

2. Depends on Advocate. 

1. The 10% advance you are offering will not even cover the notice & petition drafting charges and the conveyance, photocopying, court fees, postal expenses.

2. No lawyer works in the manner you wish. And there is no guarantee that Lawyer will get his fees once you get your money back. Hence forget it.

3. You can get relief from RERA or Consumer Court, for Refund of your entire amount plus interest & compensation.

1. If you have voluntarily cancelled the booking then you may have to bear the deductions made by the builder  as per the conditions of the agreement.

However if the deductions are exorbitant then you may approach RERA for justice.

2. They cannot restrict you from taking solutions through any legal forum, it is your right, you can fight against it.

Firstly you should become aware that you cannot get a guarantee from any lawyer across the globe for a result favoring you, it is not wise to make such demands from a lawyer before engaging his services.

Moreover, a lawyer practices his profession and fights the case on behalf of his client in the court of law on the basis of the fees which are his terms, you cannot dictate terms on payment of his fees as per your whims, hence better realise the situation and consult a lawyer for the legal remedies alone and not for your personal issues like this. 

You can always take the assistance of a lawyer to tackle this situation legally, hence you can engage the services of a lawyer of your choice on the terms of the chosen lawyer.

Hello,

1. The refund will depend upon the terms and conditions stipulated in the allotment letter. However, you can seek the entire refund in your notice for refund and termination of the agreement.
2. Mere statement that you cannot approach a particular statutory authority cannot take away the penal liability of the builder. No condition that is illegal is valid and viable in law. Therefore it won't affect your case in a negative manner.
3. Neither kaanoon.com nor any lawyer on its panel can guarantee that your appearance before any authority is 100% exempted. However, any lawyer that you engage is bound to do his/her best on your behalf and possibly minimise your personal appearance.
4. Whether or not you can pay 10% of the fee at the start and rest after you have your refund credited is a very subjective question and will depend entirely on the individual advocate concerned.

Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

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https://www.icrpc.org/icrpc.org.contact.htm

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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You are entitled to the principal amount and interest. Also any agreement cannot bar you drom approaching the court. That is illegal. You shoukd go ahead and file a complaint in the rera tribunal.

Yes you may engage a lawyer who will see to it that you case is taken care of.

10% limit was impose after RERA came into force. Before that, builder could have take as much interest. Still only 10% will deduct and rest amount will refund with interest if you cancel the booking without builder fault.

I cannot go to RERA or MOFA under any condition - Void conditions. 

Above is lawyer job but terms will decide with advocate after consultation. 
Builder will not refund easily, have to complain to RERA. Heir an Advocate. 

It's depends on your arrangement with lawyer. Lawyers legally can't take percentage from you in the case as per bar council rules

Dear Sir/Madam,

You are suggested to look in the allotment letter regarding the withdrawal from the project and you may act accordingly. The action and refund will be done accordingly. As regards to hiring any advocate from Kaanoon.com, there are separate links already given in website page i.e. talk to lawyer, hire a lawyer, etc. Please be sure that it is just an information given to you and not solicitation involved. As regards to working of advocate, the advocate is bound to protect your best interests as per your instructions and legal intricacies involved. Also, no comment can be made regarding the fee payment schedule because it is a priviledged communication between you and the advocate engaged by you.   

Issue notice to refund the booking within the given tirme, if builder didn't turn up then file a suit for recovery of money or you can file complaint before district Consumer Forum. You will have to pay the court fee on the claimed amount.

Either you can appear in person or you may engage any advocate who can file his or her vakalatnama on your behalf .

RERA all filing complaints , hearings are being done online 

you can file complaint online and attend virtual hearing 

- There is no guidelines laid down by the government to forfeit the booking amount for the cancellation, and the deduction is done at the builder’s discretion.

- Hence, legally, the builder cannot deduct any money out of the advance payment you have made for the booking till the time; a builder-buyer agreement is made and registered with the sub-registrar.

- Further, A builder-buyer agreement is not created until the buyer pays at least 10 per cent of the property value.

- Further, as per Real Estate Regulation Act (RERA), home-buyers 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. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Hence, if you have already paid 10 percent of the flat value, and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding  , and if the said agreement is registered , then builder has right to deduct booking amount from the paid amount. 

- Further, if you cancel the agreement for purchasing the said flat due to delay in possession of the flat. , then the builder is bound to refund the entire amount with 10% interest.

1. Yes , the builder cannot deduct any amount , as he has taken more than required amount at the time of agreement. 

2. Such agreement is invalid and against the rule. 

- Send a legal notice . Further a legal notice can be send out of the state as well. 

1. You are eligible to get full refund along with interest and compensation as it is fault of builder that he delayed the possession.

2. You can approach RERA or other competent authority to file complaint and get refund of your money. 

1. You have agreed to the new possession date. So before this date is reached and possession is still not delivered, you have no cause of action to sue the builder.

2. The allotment letter clause which says that you cannot approach RERA or any other authority is binding on you if you are also a signatory to it.

3. You have no cause of action presently to go to RERA or even Consumer Forum as the date of delivery of possession is DEC 2021.

4. Just because they are not answering your emails, no cause of action arises in your hands.

1. As per the information mentioned in the present query, makes it clear that you have been subjected to harassment due to the fault at the end of the builder.
2. I would like to apprise you that as the project is registered in RERA, you should approach RERA only.
3. But yes, there is nothing mandatory for you as you can approach the state commission consumer forum for the same relief.
4. And yes, this the civil relief, you don’t have to appear all the time in court of law, but in few occasions when judge require your presence.