• Refund of cancelled flat not by builder

Dear Sirs,

My father purchased a flat & paid Rs 8.10 Lakh (2.6 lakh cheque & 5.5 lakh cash (credit note receipt)).
But, after that we didn't received any payment reminder/communication from the developer. After some months, we got letters from developer stating default on payment & hence cancellation of flat. They sent 2-3 such letters & also a form to fill & return to get the amount, which we did.

But after 2 years, we have not received any money & on repeated contact on their office, they said that they will refund only approx 2lakh (deducting 20% of total flat amount) .. due to different charges.. We told them that they have cancelled the allotment not us.. so they should return the full money.. As we are still ready to go for that flat. But they were negative to this.

Request your expert legal opinion on this. Should I move to the consumer court or else other option..
Thanks
Asked 5 months ago in Property Law from Delhi, Delhi
Religion: Hindu
1) Builder is not justified in refunding only 2 lakhs out of Rs 8 lakhs paid by you 

2) You should move consumer forum and seek refund of Rs 8.10 lakhs with interest 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
24697 Answers
1323 Consultations
5.0 on 5.0
You should firstly issue a lawyer's notice to the builder seeking refund of the amount,and if he does not pay back then move to consumer forum to seek refund with interest and compensation. 
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Fist issue a legal notice to the builder communicating the information what you have stated here and demand the flat property after receiving the balance amount or to refund the entire amount collected from you without any deduction.
Subsequently, you may aproach a consumer forum against the builder seeking recovery of the booking amount as well as for compensation for the mental stress caused by the builder. 
T Kalaiselvan
Advocate, Vellore
15247 Answers
139 Consultations
5.0 on 5.0
Dear Concerned,

Without any further delay please go ahead and file a complaint of cheating and simultaneously a Consumer complaint at the district forum and be assured that you will get your money back, it might take some more time but you will get it for sure. 

Best of Luck
Atulay Nehra
Advocate, Noida
522 Answers
18 Consultations
4.7 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15247 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24697 Answers
1323 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12704 Answers
261 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
522 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
54 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0