rajat gupta (self) 07 February 2010

Best recourse for taking Refund from Builder ?

Distinguished members,

Kindly provide your expert opinion on "how to speedily get the refund from the Buliders". I had booked a flat in gurgaon 2 years back, but the builder has yet not started the tower in which I booked. He has shifted his focus on other towers and newer projects. I talked to them, and the builder's office refuses to refund. At best they are ready to adjust my money if I make a newer booking.

Here, what can be the speedy way to get the refund ? Can I approach consumer court ?

Thanks in anticipation.

Reply Follow

5 Replies

V. VASUDEVAN (LEGAL COUNSEL) 07 February 2010

What are conditions stipulated in the booking agreement - Was there any agreement OR just a booking receipt is given. What were the terms for construction of the flat - was there any specific allotment of Flat No./building block mentioned - These are crucial details for appropriate remedy. Although consumer forum can adjudicate this matter, in practice this takes time and does not have the strong teeth when the issue of enforcement comes!

vasudevan

rajat gupta (self) 07 February 2010

Sir, Booking was for a specific Flat number as Advance Allottment, and I was given a Booking Receipt plus approximately 6 pages of conditions attached to it. Builder told that the "Agreement to sale" on stamp paper would be signed later when confirmed booking is done upon launch of the tower. Kindly advise.

VIPIN SHARMA, ADVOCATE, JAIPUR, Mob. 09610000043 (Advocate) 07 February 2010

Better you file complaint in consumer court for refund against the builder.

Vipin Sharma, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 09610000043

rajat gupta (self) 10 February 2010

Sir,

Which local lawyer in Delhi/NCR can I approach for this purpose ? I'm sure there must be specialist lawyers handling this. Thanks.

Suri.Sravan Kumar (senior) 27 February 2010

if the builder fails to deliver the possession of the flat within the stipulated period u have every right to ask refund of ur money as it amounts to deficiency of service. first of all u have to issue legal notice through ur lawyer demanding possession of the flat if the builder fails to take any action u can thenseek refund of ur amount by sending another notice. if he fials to reply to this letter also then u have to approach consumer forum for deficiency of service.