Refund of installments on booking a flat on land under litigation
We (I, My spouse and our major son) had booked a flat in Noida in 2009. We paid the booking amount and 4 installments before the schedule dates. All payments were made through Drafts. Thereafter letters with regard to further payment stopped coming. There was absolutely no specific response to our queries. Then in May 2010 we all went to the builder’s office in Noida and met the Sales & marketing authority. We were then told that this tower in which we had booked one flat was not going to come up since the particular plot of land was under litigation. We were given the options of shifting to other incoming projects or apply for the refund with interest.
We opted for the second option and handed over the required documents. We were assured that the refund would take at the most 4 months. We have still not got the refund. Meanwhile, we have been e-mailing them (so many times) to know the status but after a few responses e.g. “application under process, Has been sent to the respective department for processing, it will take some more time) the company has stopped replying to our e-mails. We have been talking regularly till now to the Vice President of Sales and Marketing but every time the reply is that it has been cleared for payment and sent to the Accounts for releasing the payment. It has been more than 10 months now.
Our worry is that if we go for a civil case it might take number of years (don’t know how many) before a decision is reached. Is there a faster way of getting the refund and justice since we feel that we have been cheated? The builders had booked the flat but never told us that the land was under litigation.
Please suggest remedy.