• Refund of cancelled flat not given by builder

Hello sir

my parents had booked a flat in a leading builders apartments on may 2013. For the payment of 64 lakhs we had given initial payment of 21 lakhs. Unfortunately my dad was diagnosed with cancer on oct 2013 and died on april 2014. As we were unable to go through with the flat during this period,  the builders issued a letter to us on march 2014 that they have cancelled our apartment and will refund our money in the next two months. We were refunded six lakhs out of the 21 lakhs during this period. But ever since june 2014 to now for the past one year they have not refunded even a single rupee after a lot of false promises on pdc cheques. we are also paying an emi for the loan on a this flat that we do not own now. We have lost patience and have now decided to fight it out legally.  Please advice on the best step going forward.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
If you have the following documents on your side then your options would be
a) Booking receipt issued by builder
b) Payment of Rs.21 lakhs was made by cheque or by cash, if made by cheque bank statement to support your case, 
c) PDC cheques issued by builder must be deposited into your bank for realization, thereafter you can issue legal notice U/s 138 of NI Act,

The other option is to file a recovery suit against builder for the recovery of the balance amount of 15 lakhs together with interest since june 2014, for this contact a local lawyer and get issued a legal notice and tell him to expedite the issue.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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File a case before the consumer forum. Seek refund if balance amount and compensation. You wlll get relief on both accounts.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) since builder had failed to refund money within 2 months your mother should issue legal notice to builder 

2) if builder fails to pay your mother should move consumer forum against builder and seek refund with interest 

3) also seek compensation for mental torture  undergone by your mother 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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1. Send the builder a legal notice asking him to refund you the balance amount with in 7 days thereof,

2. If he fails to refund you the said amount within the stipulated period, file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the balance amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. If the cancellation clause provides for absolute refund the builder is liable to adhere to it. 

2. You can issue him a lawyer's notice through your lawyer to demand the refund of the advance amount paid. If he does not make the refund you may sue him for recovery of your amount.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
A. Issue a legal notice to the builder to refund the entire amount with an interest.

B. After the notice if you failed to get prompt response from the builder that you can file an suit against him before the consumer forum under the defieciency in the Service and claim damages for mental agony and criminal breach of trust.

C. Second option is that you can file a case against him before the civil court by recovery of money by initiating summary proceedings.

D. Third option, you may present the pdc cheque before the bank, later if the builder cheque dishonoured then you can issue a legal notice and file a criminal case against him.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
Hi, issue a legal notice and ask the builder to refund the amount with interest and if the builder is fail to repay the amount then file a complaint in the Consumer court as builder has failed and neglected to pay the balance amount and there is a deficiency of service on the part of the builder.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Yes, you have a perfect case for taking up through consumer forum for deficiency of service, compensation for the costs and damages including the mental agony that was caused due to this.
Besides, you may also file a civil sit for recovery of money on the basis of the evidences in yor possession.
First issue a legal demand notice and the ingedients of the notice should support the provisions for action through consumer forum too, then on receiving the reply within the stipulated period or not you may proceed with the proposed cases.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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