• How to get back initial payment from builder

Dear Sir,
I gave 12 lakh rupees to builder at Chembur Mumbai in Jan 2014 for 1 BHK flat through property agent. The builder demanded payment in June 2015 which 21 lakhs (approx). I told my agent that I can not pay this amount, but agent told me to pay this amount now & agent will sale the flat before sept 2015 & repay me the money with profit. I paid the amount. After competing Sept 2015 I asked agent for my payment then agent told me to wait upto Dec 2015 end. In Dec 2015 end he asked me to wait till March 2016. Still I did not got the money back. I met builder in May 2016 end & informed the case. He told he will do the needful. Still he did not responded. Please advice me what to do.
Asked 6 months ago in Property Law from Qatar
Religion: Hindu
1) Do you have allotment letter from builder ? 

2) has any agreement been entered into with builder ?

3) you can cancel your booking and seek refund of money paid with interest 

4) if builder fails to pay file complaint before consumer forum and seek refund with interest , litigation costs and compensation from builder 

Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1) builder appears to have accepted receipt of payment of Rs 21 lakhs 

2) hence he has issued allotment letter to you 

3) what are the terms of allotment letter 

4) to draft letter for cancellation it is necessary to peruse your correspondence with builder and agent 

5)you will have to file complaint before consumer forum in bombay . 

6) you can execute POA in favour of family member to file complaint before consumer forum 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
When you have not executed a bilateral or tripartite agreement with the builder and agent you cannot prove that the builder was liable to ensure that the flat is sold, and more so profitably sold. The remedy before the consumer forum is available only when there is a cause of action, which seems to be absent in your case. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, When there is no agreement then you have to file a suit for recover of money with interest from the Builder, first you have to issue legal notice and thereafter file a suit for recover of money against Builder.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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If the agent is not responding then you may issue a legal notice demanding your money and the payment transactions may be quoted as evidences agaisnt him.
If you want to cancel the booking you may approach the builder directly and get it done without the agent's support.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
I have only allotment letter, no agreement is made.
Payment is made by net transfer.
Can you give me draft to ask repayment from builder?
How & When to approach consumer forum?

The allotment letter is a proof for the booking
The net transfer details are another evidence  to the transactions
You should avail the service of any advocate for this purpose.
When the builder refuses to repay the amount.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1) you have to contact local lawyer for issue of legal notice

2) for preparation of notice lawyer would require  your allotment letter, copy of correspondence exchanged with builder

3) you can file complaint before consumer forum through POA issued in favour of your father 

4) cases before district consumer forum take around 2 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
How to issue legal notice? Can you give me any formate?

There is no specific format for this, you can draft the notice by yourself too, if you are not aware of the legal terms you can contact any lawyer of this forum who shall send the legal notice on your behalf to the builder. The details of all the lawyers are available in this website itself.



I am staying out of India. Can I send signed letter through email?

Sending it through email cannot be created as an evidence for a litigation that may arise in the later stage, hence it is advisable that you sent the notice through your lawyer.



I gave registered POA to my father, will it help?

On the basis of power agent, your father can send the notice on your behalf.




How long will take this process to get back money?

The time cannot be predicted.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Engage a lawyer for issue of a lawyer's notice. I do not give formats. Sending a signed letter through email does not serve the purpose. Your father can issue the lawyer's notice if he holds a valid POA. It is likely to take around 1-2 years if the builder decides to fight it out in the court,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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