• Refund from builder

I had booked a 1 bhk flat in pune in Apr 2013. As the initial payment i paid the builder around 5.5lak Rupees. (I have the reciepts and xerox copies of the cheques).
Even after one and half year the builder did not start the construction and also did not do the registration. So eventually i ended up cancelling the flat in Nov 2014. At the back of the receipt it is mentioned that the cancellation charges would be 25K rupees. However it does not say when the builder would pay back the money.
He mentioned that he would return the money in 3 months. However now its been close to 7 months and has not returned the money. I have been following up with him and everytime he gives me some silly reason. 
I think he is trying to avoid paying me back.
Can i take the legal way of getting the money back? What are the chances that i will get my money back?
Also i am not in INdia right now. Can my father do the legal formalities on my behalf?
I havent created any power of attorney before leaving India.
Asked 3 years ago in Property Law from Mexico
Religion: Hindu
1) you have to file complaint  before consumer forum and seek refund of payment of Rs 5.50 lakhs with interest 

2) also seek compensation for mental totrure undergone by you 

3) you can execute power of attorney in favour of your father to file complaint before consumer forum 

4) consumer forum will direct builder to refund your money with interest
Ajay Sethi
Advocate, Mumbai
45613 Answers
2680 Consultations

5.0 on 5.0

1. Once again talk to the builder and ask for a confirmed date by which he would return your money.
2. Contact the builder on the date specified by him and if he pays your money then its good, otherwise ask him to give a cheque in your name for the due amount.
3. On the specified date present the cheque to the bank and if it bounces, then intiate action against him U/S.138 of negotiable instruments act.
4. Send a legal notice to the drawer  within 30 days from the date of information received from the bank for dishonour of cheque reason being insufficient of funds or stop payment order received from the drawer.
5. If your amount is not settled by the drawer within 15 days,  the cause of action arises and you can take action for recovery of your amount by taking the builder legally to  court. 
Shashidhar S. Sastry
Advocate, Bangalore
1635 Answers
107 Consultations

5.0 on 5.0

If the builder is dodging the refund of the advance paid amount despite assurances, you may issue a legal notice to him demanding the same and you may also add penal interest at bank rate for the delay in refund since he is delaying it inordinately without any reason. 
You can execute a special power of attorney in your father's favor at that country itself, get it attested by a notary public, send it back to India and  can file a consumer court case for deficiency of services and also compensation as well as refund with interest from the builder through your general power of attorney agent, i.e., your father,  provided the legal notice is  not invoking any response or proper response within the reasonable time 
T Kalaiselvan
Advocate, Vellore
35788 Answers
389 Consultations

5.0 on 5.0

1. Yes, your father can file a case on your behalf but for this he will have to get a POA executed in his favourite by you.
2. File a case in consumer forum asking for refund of earnest money and compensation out of delay to make such payments.
3. You can make such POA from abroad. It is permissible.
Devajyoti Barman
Advocate, Kolkata
12854 Answers
166 Consultations

5.0 on 5.0

1. It was imprudent on your part to book the flat when there was no time frame mentioned on the receipt or in the agreement for refund of money. Be that as it may, the builder has to refund the money within a reasonable time.

2. You can issue a lawyer's notice to the builder seeking the refund of amount paid towards booking. If he does not return the amount after notice from your lawyer you can sue him for refund of the booking amount and also damages.

3. Delay on your part in initiating the legal process would give the builder many escape routes in the court.

4. The cancellation has to be in accordance with the law before your claim for refund can sustain in a court of law. 

5. You can engage a lawyer in India and issue the lawyer's notice to him, to do this you are not required to be in India.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) It is important to know whether there was an Agreement to Sell or a Memorandum of Understanding that you signed with the builder. If you do not have one then you will have to solely rely on the receipt issued by him.

2) You need to issue a legal notice to the builder demanding the return of the money paid to him as the booking was cancelled 7 months ago.

3) Your father can get a Power of Attorney prepared and you can get it attested at the Indian Consulate in Mexico and have it sent back to your father. This will enable him to legally deal with the situation including engaging a lawyer. 
S J Mathew
Advocate, Mumbai
2241 Answers
110 Consultations

5.0 on 5.0

1. You are entitled to get back the entire money you have paid along with damage and cost,

2. Send the builder a legal notice asking him to refund the entire amount with in 10 days along with adequate amount towards damage caused to you since he could not yet start his construction,

3. If he fails, file a  complaint case before local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claimiming refund of the amount bpaid by you with interest, amount for damage caused to you and cost,

4. You can execute a Power Of Attorney authorising your father to represent you and file and contest thesaid case,

5. This is a good case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

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