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Refund of cancelled property

(Querist) 07 February 2014 This query is : Resolved 
Dear sir/madam,
I have purchased a property from SARE Homes in chennai,I have paid full amount 80% by bank loan and remaining by myself,later i found out that the flat is not made as per floor plan initially given to me.They(SARE) agreeing to it,now i want to cancel the property,so i wanted to know if they should refund all amount with interest as its their fault.When i asked them they said they will refund entire amount paid but no interest.
What legal action i can take?
Can i go to consumer court?
Can i ask them to pay fine/interest/compensation?
Please advice..
Thanks,
regds,
suresh p pandey
ajay sethi (Expert) 07 February 2014
grab the offer . accept refund of entire amount . even if you go to consumer forum you will have to spend on legal fees .

if you want interest then move consumer forum against builder for deficiency in service . ask for refund with interest and also compensation
suresh (Querist) 07 February 2014
thanks for the advice,but is my case strong enough to fight with positive result,dont want to leave such builder just like that and want to fight and teach them
ajay sethi (Expert) 07 February 2014
then contact a locl lawyer . issue legal notice to builder . file complaint before consumer forum . ask for refund with interest , compensation etc
Guest (Expert) 07 February 2014
When they are willing to sort out amicably better go by that and get your money refunded.Once you go legal they would have some one to defend them also.
prabhakar singh (Expert) 07 February 2014
Better collect the principal amount by a demand draft and then file case before consumer forum for interest and damages so that you may have pre-pone discharge of the bank loan.
T. Kalaiselvan, Advocate (Expert) 07 February 2014
Yes, act as per the advise of expert Mr. P. Singh, grab the offer now and after taking the principal amount, send a legal notice demanding the interest for the said amount and then approach consumer forum for deficiency of services, compensation for damages and interest amount.


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