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Seeking refund from builder : unitech noida/ delhi

(Querist) 29 October 2014 This query is : Resolved 
My name is Virendra Verma, currently residing in Delhi. I had booked a 2 BHK flat in Unitech Unihomes-3 in sector-113 Noida in June - 2013. As per builder buyer agreement, it is agreed that Unitech will deliver the flat by June- 2015 (i.e. 36 months from agreement date). Sadly, Unitech has been cheating with me and have not completed even ground floor of the said building. It is highly unlikely that I will get possession of the booked flat by the agreed date.
I want Unitech Ltd to refund paid amount by 18% interest compounded quarterly (the same rate which they had forced on me when I had delayed one installment).
Can I ask for it before completing the period of 36 months? If yes, Please help me.
ajay sethi (Expert) 29 October 2014
wait till June 2015 . if builder fails to complete project on time move consumer forum against builder for deficiency in service and seek refund with interest
Virendra (Querist) 29 October 2014
Thanks Mr Sethi!

Your response is very helpful.

I will wait till June 2015, but can I start sending legal notice to Unitech now itself because it is 101% sure that building will not be complete by June 2015 and in this case shouldn't I file the case right away ? What is your advise.

Regards,
Virendra
Nadeem Qureshi (Expert) 29 October 2014
you should wait till june 2015.

future is uncertain, it may be possible that the builder will hand over the possession, if not then the cause of action will be raise to file any case against the builder, not before that.

remain, do as you think fit.
Rajendra K Goyal (Expert) 29 October 2014
Before sending notice or taking any action, wait till June 2015.
Devajyoti Barman (Expert) 10 November 2014
Yes, you can send legal notice to comply the project within time so you can file case once time is over.
Virendra (Querist) 11 November 2014
Thank you gentlemen :)


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