Property Booking cancellation Refund of advance

Querist : Anonymous (Querist) 06 September 2010 This query is : Resolved
Respected Sir/Madam

I am R.venkataramanan working in kanpur.
My wife belongs to hyderabad.

I had booked flat in Comfort Castle at Survey numbers 311,312 & 317 situated at nizampet village & gram panchyat Quthbullapur mandal Rangareddy district hyderabad on 19/07/2010

The agreement was executed on 19/07/2010.

The building cellar carparking is floodded with water & the car parking is completely closed

as per the agreement,the builder has agreed to sell the flat 1258 sq ft with car parking of 80 sq ft as was mentioned in the agreement for 2075700/-
out of this 375700/-has already paid to the builder
51000 thro cheque
224700 thro online internet banking on 24/07/2010
In the construction agreement the builder has signed to handover the flat with all work completed in 40 days & the remaining payment to be paid in 40 days from the date of agreement 19/07/2010
since the builder has not completed the work & the parking is closed i told the builder that i am cancelling the booking & asked for repayment of Rs 375700/- paid by me as advance
the builder is refusing

Kindly help me

regards

R.Venkataramanan

1378 nauroji kunj
gailgaon
Dibiyapur
Uttarpradesh
206244

Mobile 9720006159

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adv. rajeev ( rajoo ) (Expert) 06 September 2010
Issue legal notice to the builder to act in accordance with the agreement, otherwise refund the money by cancelling the booking, if he failed to do so file a suit for recovery of money.

R.Ranganathan (Expert) 06 September 2010
Yes. Issue notice of cancellation of the agreement, but go through the agreement with an advocate and find out the clauses and then issue notice.

Uma parameswaran (Expert) 06 September 2010
You can issue legal notice as refered by L.Friends.

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