My question is whether I should wait for Nitesh Estates to respond, if and when they wish to do or should I file a complaint in the District Commission consumer court Bangalore right now demanding refund of money, along with interest for the delay and if possible for loss.
What is the best option for me and what is my legitimate claim.
You have been informed by the Sales executive of the builder orally and nothing in writing about it, right?
Well, this is how the builder will play his cheap games by which he neither will refund your money nor will say that he will not.
The email correspondences are not going to solve the issue.
You should send a legal notice by a registered post to the builder giving details of your booking and also about the communication yo received about the inordinate delay in the current project, hence you would like to terminate the booking/contract and ask him to refund the same with interest from the date of payment till the date of settlement.
If the builder do not respond properly nor is complying with the demand made, you may either drag him to consumer forum or civil court for recovery of your money with interest quoting the reason, i.e. the booking was cancelled due to the builder's fault.