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Refund on my property

(Querist) 22 June 2015 This query is : Resolved 
Hi,
Last year i have book a 2bhk flat in a slective wing in a reputed builder project and till date they have taken 25% of the money from me including service tax.
Now they say ur wing cannot be contructed and can be further delayed for another 9months or more so please take other optional flat in other wing / building.
The potion one is a small area flat and option 2 given by them is a higger flat so i have to pay the extra cost on that. So its not acceptable with me.
There is a contarct signed by me given by them and its states if the work dosent commence in a years time you can widraw ur money with 12% intrest.
Now they are saying we shall nt pay you intrest as we giving you and option but in the contract its not mention about the options the contract is for the flat and the building what i have liked.
Secondly they are saying we wont refund you the service tax paid by you.
I dont understand they have noy yet got the cc to start the work and if they fail why cant they refund me the money back incudingbthe service tax i have paid on the 2 intallments till date.
Would appricate if you can guide me on this.

Reagrds,
Kaiwan.
Advocate M.Bhadra (Expert) 22 June 2015
Send a Legal Notice to the builder by calling him to refund the booking money with interest. If he would not comply as per notice then file a Complaint Case u/sec.12 of the Consumer Protection Act in District Consumer Forum for deficiency of service and unfair trade practice.
Jeetender Gupta (Expert) 22 June 2015
What us the amount paid by you. If your claim - principal + interest exceeds 20 lakhs it needs to be filed in Consumer State Forum
Rajendra K Goyal (Expert) 23 June 2015
Send legal notice and file consumer complaint.


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