Recently I had a plan to buy property in banagalore shanti nagar. I went through loan process and loan got approved. Before registration I came to know that builder doesnt had occupation certificate and he was planning to sell with out occupation certificate. So i decided not to buy the property and asked to return money back.
The builder agreed to return in a months time and its been 4 months now he is still giving an excuses.
We have sales deed signed and also a bond agreement that money will be returned in a months time.
Please advise what steps to be taken to fill a legal suite against the builder.
Asked 10 months ago in Property Law from Australia
In reference to your notes above...without delay file an police complaint against the developer (in case you are overseas give a special power of attorney to someone here in India.
Simultaneously you can file a recovery suit for recovery of the money paid to the developer.
Best of luck
If the builder has agreed to return the money in writing then he is bound to do so.
If he is not doing so then file a case before the consumer forum wherein you will get order for refund as well damages.
Issue him a lawyer's notice for cancellation of agreement to seek the refund of what has been paid to him, and if he does not refund even after its receipt then you will have to move the consumer forum against him to seek refund with interest.
1) issue legal notice to builder to refund your money
2) if he fails to do so file complaint before consumer forum seek refund with interest , litigation costs and compensation for mental torture undergone by you
3) You can also file summary suit to recover your money but you would have to pay court fees for filing suit
first of all issue a legal notice to builder through counsel and if the builder is not ready to pay the amount within notice period then you may file a civil suit for recovery against the builder before civil court and claim your money along with interest and compensation for harassment.
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Advocate, New Delhi
1.Arrange to file a police complaint against the builder alleging that he was trying to cheat you by illegally selling selling you he flat for which he has not obtained OC , suppressing the fact from you.
2. After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount paid by you with updated interest, amage and cost.
If the builder is unnecessarily delaying the refund of the booking amount upon cancellation, you may issue a legal demand notice quoting his agreement to return the sam in a month's time and demand him to return the same within 15 days from the date of receipt of this legal notice failing which you would be constrained to initiate appropriate legal action for recovery of the same and he will be held liable for the costs and consequences.
After that you can file a money recovery suit against him.