Hello,
I'm new to this forum and request for your kind suggestion and help.
I had paid builder Rupees Ten Lakhs as booking amount of two flat each measuring 500 sft salable area. The builder gave allotment letter for same. The payment was done in May'2010 by cheque payment and details of the same is also mentioned in the allotment letter.
After verbal communication on mobile phone from past 1 year from Dec'2011 it was known that Later builder could not complete transaction regarding purchase of land on which he is suppose to build and he has abondoned the project.
The only reason I planned to book the flat before construction was to save money due to rising cost and wanted to stay in that flat. Because project is scraped now I had to take loan of 40Lakhs to buy another flat where I'm staying currently.
Now he is delaying to refund the sum with interest and keeps on giving such reasons that he will do the payment with interest since he is not financially stable and will do it soon, But still he has not given single penny.
Today have send notice of 30 days (not via Advocate) to builder in Registered A.D. for repayment of sum with 21% interest or property current market value whichever is high.
I request your guidance to what should be done. I have decided to file suit in Consumer Court for deficiency in service against builder. But I need to know what can be the expense to file suit and specific thing that need to take care. I'm in Mumbai currently.
Thanks.