I applied and booked for a 3 B.H.K. flat in Palwal sector 5 Haryana, in Prelaunch scheme through Era buiders in November 2012.They promised to build the flat in three years. I paid the booking amount 1,75000 Rs. and next two installments which were 1,57000 and 1,64000 Rs. in the interval of 45 days. I paid all this amount through cheques. I have receipts of amount given. But since no work started, no unit allotted, and the builder did not inform me about the project. I talked to them and they replied the project is on hold and don't know when it will start. There was a clause in registration form that 7% interest would be given if no information is given to buyer or no work starts within one year or if the project cancels. They suggested me to cancel the booking and apply for refund. I applied for refund and cancellation in June 2014 as per their rule and they promised to refund in two months with applicable interest 7 % in this case. I submitted all the details to them. But it is almost one year has passed they have not refunded any money. Every time I ask they excuse they don't have fund and refund process will begin in 2 months. I am fed up with all this. Please advise what should I do in this situation to get my hard earned money back ? Should I wait or file a case? How should I file the case? Please advise I know some persons who applied in this project and want their money back too. Should we expect we will get back the refund? Thanks and regards Vipin gupta
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1) you should move consumer forum against the builder and seek refund of money paid with interest
2) you should also claim compensation for mental torture undergone by you .
3) cases before consumer forum take 2 years to be disposed of
4) in addition you can also file criminal complaint of cheating and criminal breach of trust against the builder
5) contact a local lawyer
Issue a legal notice calling upon the builders to refund the money with interest from the date of cancellation i.e., June 2014, give them 07 days to reply or comply with your demand for refund failing to get a reply or refund, proceed to file a consumer complaint against the builder. You have got good grounds to claim refund along with interest, plus damages and compensation.
1. Before filing the case for recovery of the amount you should issue a lawyer's notice to the builder seeking the refund. If better sense does not prevail on him you can go to court to seek the refund of the amount paid to him and also compensation for the delay.
2. The other applicants can also follow the above process to get back their hard earned money.
A. Issue a legal notice to the builder to refund the amount with interest as agreed in the agreement.
B. Thereafter, If you fail to get reply, you can lodge the complaint before the Consumer Forum under the deficiency in the service and claim compensation and damages for mental agony.
C. You have to file a suit for recovery or initiate summary proceedings against the builder to recover the amount with interest.
Firstly you should secure all the evidences namely, receipts for the payments received, the details of payment including the cheque numbers and date of cheque, bank etc.,the details of your visit to the builder and the agreement papers containing relevant clauses for refund and other issues.
After securing the above evidences, issue a legal demand notice quoting the relevant clause and seek refund of the amount deposited with him along with the interest at agreed rate, wait until the expiry of he time stipulated in the notice for complying, after that you may approach consumer court for getting redressed of your grievance including compensation for mental agony and refund of amount with interest or file a money recovery suit before a civil court.
The consumer court case will be a faster remedy.
1. All the sufferers like you should jointly lodge a police complaint against the said builder bring the charege of cheating,
2. If police people do not act, file an application u/s156(3) before the district Judge, praying for direction upon police to investigate and act based on your complaint,
3. After that file a complaint case jointly before your local District Consumer Dispute redressal Forum alleh=ging deficiency in service and unfair business practice claiming refund of the amount paid with penal interest, damage and cost.
