Refund of booking amount before registration
Hi
I had paid an amount of 11lakhs as initial payment for an under construction property developed, marketed by X builder in 2018
The project was a JV between builder X and land owner Y
Receipt for the same was given on joint letter head of X and Y
I have not done registration of the property yet
Since two years X and Y are now in disagreement due to which no construction has been done
Now I want to cancel my booking and get a complete refund of booking amount, TDS deposited by me and gst.
X has refused to pay the amount stating the escrow account is in Y name and that they cannot refund any amount till completion of date mentioned in RERA
And that if refund is still needed we need to fight with Y for the same
X is offering to transfer the entire 11L in their other projects. But these projects are not in my budget
In RERA project is registered under Y name
Kindly suggest if:
1. I can approach RERA for resolution
2. Is X legally liable to pay me my money even if Y is now not cooperating. (X is one of India's top developers)
3. Should I approach consumer forum
4. Any other suggestions