• Refund of BWSSB and power charges by builder

Dear Sir, 

We had purchased a 2 BHK (Built-up area 1174 sq ft) flat in 2006 in Hebbal, Bangalore through ICICI bank home loan. We were advised to pay Rs.70,000 towards water and electricity charges, along with Basic flat cost, car parking, VAT,  etc. the sane has been paid. However, we were also indicated that laying of cauvery water and drainage lines in the locality was awarded to L & T and they would complete the job. It has taken 10 long years to complete this task by the BWSSB and they have submitted a demand note for payment of Rs. 70,000/- approx for BWSSB connections. We have approached the builder to refund the amount to us so that we can pay the same to the department and get the connections or builder could directly pay the amount. But, he is denying to do so. We have sent refund request letter through courier, after receiving the letter he is denying saying the charges were collected towards borewell and pump charges. We have sent one more letter through registered post with ack due, which he has not received.  We have all necessary documentary evidence for payment as per builder advise and their cost breakup. Please advise further course  of action.

Regards,
Rajkumar
Asked 3 months ago in Property Law from Bangalore, Karnataka
Religion: Christian
Well, nothing to worry as this is th standard tactic of builders of which the courts are aware of.
Hence without sending anymore communications file a case in consumer forum wherein you would get refund as well damages and compensation.
It is expeditious and cost effective.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
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If the drainage was to be laid by BWSSB then why did you pay water and electricity charges to the builder in the first place? Now issue a lawyer's notice to him to seek the refund of the amount paid to him, and if he does not pay back then the only remedy is to move the consumer forum to seek the refund of this amount with interest from the date of payment.
Ashish Davessar
Advocate, Jaipur
18096 Answers
448 Consultations
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1) if builder refuses to refund sum of Rs 70000 paid towards water and electricity charges you have to file complaint before consumer forum and seek refund with interest

2) also claim litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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You can issue legal notice to the buildr demanding refund of the excess amount collected.
If the builder is not responding or not complying with the demand made, you may file recovery suit through civil court. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Send an email to the builder requesting him to refund your money with interest 

2) if he fails to refund file complaint before consumer forum as advised 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
end an email to the builder requesting him to refund your money with interest 

2) if he fails to refund file complaint before consumer forum as advised
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
The question is about legally informing him about the demand made.
If the builder returned the same refusing to accept then this shall be enough for having given hi a chance before approaching a legal forum seeking relief agaisnt him.
You can directly approach the consumer forum seeking the desired reliefs and compensations accordingly. 
The returned undelivered registered letter shall be a valid proof for having given him an opportunity to make good the payment. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
It is unlikely that he will respond then, so move the consumer forum.
Ashish Davessar
Advocate, Jaipur
18096 Answers
448 Consultations
5.0 on 5.0

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