• Refund of Site payment advance

Hello,
On 2012 I  paid 2.25 lakh  as advance to buy 60*40 site with a reputed land developer in Bangalore.On 2014 they informed they are not able to clear the legal titles and they given the option to cancel the booking . They assured they will refund the full amount by 3 months, now I almost 1.5 years passed and they have refunded  the money I paid. As per the they agreement clause  they are liable 15% interest  for the amount. I am staying out of Bangalore, I  was following up with related phone calls and email and there is no response. 

Could you please advise me the legal proceeding to recover  my money and Please let me know the required  documents to file a legal notice.

Please recommend a  good lawyer  from your panel in Bangalore to handle this case.
Pleas update me the fees also. 
Thanks
B Varghese
Asked 1 year ago in Property Law from United Kingdom
Religion: Christian
1) you have to issue a legal notice to refund Rs 2.25 lakhs with interest at 15%as per agreement within period of 15 days from date of receipt of notice 

2) if developer does not pay file complaint before consumer forum and seek refund with interest 

3) also seek compensation for mental torture undergone by you . 

4) in the alternative you can file summary suit in district court for recovery of Rs 2.25 lakhs with interest at 15%pa 

5) however if you file a summary suit you have to pay court fees on the claim amount . 
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
Hi, issue a legal notice to the builder and ask him to repay the amount with interest.

2.If they not paid the amount then file a complaint before the consumer forum. 

3. You have to file a complaint with in two years from the date of cause of action.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
1. It is regular picture of builders all over India.
2. However there is nothing to worry . File a case in the consumer forum wherein wherein not only seek refund of your money but compensation as well
3. The consumer disposes of complaint quite expeditiously and generally in favour of buyers only.
If you can not manage the case in consumer forum because of your stay in abroad then you can give POA to any of your family members who will represent you in the consumer forum in your behalf.
Devajyoti Barman
Advocate, Kolkata
6460 Answers
71 Consultations
4.9 on 5.0
1. The agreement is sacrosanct. The builder is liable to refund the amount and also pay interest thereon.

2. Issue a lawyer's notice to the builder. If even after the wake up call from your lawyer the builder does not refund the advance amount and pay the interest on cancellation or delay, as the case may be, you will be at liberty to file a lawsuit to recover the same with compensation.

Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
If you still have a copy of the agreement please share it on the panel. If indeed this clause exists then you can file a civil suit in the civil court at bangalore against the above named builder and to initiate this process you will first have to issue a legal notice and seek this amount from him. thereafter failure to comply with the demand made by you (Demand would be towards interest, costs, damages etc.,) you can proceed to file the suit.
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0
A. Issue a legal notice to the builder to refund the amount as agreed in the agreement.

B. Thereafter, if no reply received from the builder, you can approach the Consumer Forum against the builder under the deficiency in the service and claim damages for mental agony..

C. Finally, you can also initiate summary recovery legal proceedings against the builder to recover the money before the jurisdictional court.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0
1. Since you had booked for land and not a constructed property, your case will not be dealt by Consumer Firum,

2. File a police complaint at the police station at Bangalore having jurisdiction of the area where the office of the developer is situated for cheating you,

3. Also file a Recovery Suit claiming refund of the advanced amount with interest, damage and cost. 
Krishna Kishore Ganguly
Advocate, Kolkata
13200 Answers
280 Consultations
5.0 on 5.0
First of all you should confirm that if you have entered into any sale agreement  with  the  builder, if so whether it is registered or not?
However the said sale agreement can be considered as receipt for  the amount received by the builder and as per the conditions of the agreement/contract, he has to refund with interest @15% p.a. 
If he is not responding to your requests, you may issue a legal notice demanding the advance paid amount by registered post giving him certain period of time to return the amount failing which you may initiate proper legal action against him for recovery of amount.
T Kalaiselvan
Advocate, Vellore
16423 Answers
153 Consultations
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