Apartment construction delayed for years - looking for refund
Dear Lawyers,
The description is a bit lengthy but I want to share every detail so that I get some useful and clear suggestions from you.
I booked a flat 302 in Tirumala Arcade (total flats 40), Hyderabad with builder Mr. Venkataraju (M/s VR Associates) in April 2012. I paid a token advance of 50,000/- on 15-May-2012. On 23-May-2012 we signed a mutual agreement and I paid another 3,00,000/-. The agreement says I paid 3,50,000/- by then.
Agreement states that within 160 days of agreement the builder will arrange for registration of flat and builder will give the possession with in 4-6 months, failing which builder will pay 2% monthly interest for the amount paid till that date.
Since May-2012 there was negligible progress in the construction and when asked the builder asks for money. Builder told me not to approach any nationalized banks for getting loan. He said we should approach only one bank which he will shortlist. Doubting which I delayed the loan process for 1 month. Later the builder and land owner had some disputes and the construction got stopped. I met the builder personally and asked about the status, he promised to complete the construction within 2 months and I paid another 2,00,000/- in 8-Dec-2012 (Total 5.5 Lakhs).
Again there was no progress for another 3 months. So I met the builder in Feb-2013 and told that I want to cancel my agreement and asked to return my money because he failed to meet the deadlines and there is no progress at all. Upon multiple visits he promised to return my money by Oct-2013 but he got absconded after that. He did not pick any calls, he did not respond to the messages. I went to his office several times, there was no board and it was closed. When enquired with neighbours, they told me that he vacated the office. I had no option left but to go and check the apartment progress.
Now after 3+ years, I have seen some work going in the apartment. I tried to contact the builder but he does not pick the calls. I wrote my mobile number on the wall. Next day, he called me and said without his permission I cannot write anything. I said he has absconded for 3+ years and did not pick my calls or present in the office to discuss. He said that he is present in the same office and I should talk to him. I reminded him that as per our discussion 3 years back I wanted to cancel the agreement and he agreed to pay my amount back which he did not.
He asked me to come to his office and meet. I along with another person who booked my opposite flat went to the office but it is closed. He is not picking the calls again. He changes his mobile numbers often and does not pick any calls. Please guide me how to proceed. I tried my best to meet him personally or through phone to discuss. I would like to know what kind of refund I can expect legally when I want to cancel my agreement. There is no clause on cancellation in the agreement, but only on delay of possession. I had put my hard earned money and my father's pension amount into it and we have gone through lot of agony and mental tension when builder was not available for 3 years and even now.
Asked 7 years ago in Property Law
Religion: Hindu