Rahul Deshmukh 17 June 2021
Advocate Bhartesh goyal (advocate) 18 June 2021
Yes, After cancellation of deal builder should have refund advance amount by deducting his administrative expenses ,you should file complaint against builder before District Consumer Forum for his deficiency of services and unfair trade practice
Nirali Nayak 18 June 2021
Hello sir, greetings of the day.
As per your query, you can follow the following steps for getting the refund from your builder for a flat booking cancellation.
In this type of matter, you must approach the consumer court. The Supreme Court in his judgements has clearly held that the aggrieved consumer can approach the consumer courts and the consumer courts can give reliefs for the breach of contract and non-payment of the refund amount.
You can file a police complaint against him for cheating and fraudulently taking your money.
You can also file a complaint against the builder before your local District Consumer Dispute Redressal Forum alleging that your builder cheated you and took money from you to give you the flat and now he is not retuning your money after you cancelled your flat booking.
You can go ahead and file a legal notice.
Generally for the refund of the money, if the consumer is not happy with the builder’s conduct, vis-à-vis the refunding of money, they can also approach the Real Estate Regulatory Authority in their state. This can be done, if the seller is a developer and the unit purchased is an under-construction property. If you bought a resale home from an individual seller, you will have to approach the consumer court, to get your grievance addressed.
Hope this answers your question.
Regards
Nirali Nayak
Law Student
G.L.N. Prasad (Retired employee.) 18 June 2021
File online complaint before District Consumer Forum only after one month after issuing a notice to builder through Advocate.
Rahul Deshmukh 18 June 2021
Thank you all for your reply.
I will brief about my issue and want a suggestion.
G.L.N. Prasad (Retired employee.) 18 June 2021
First, issue a Registered legal notice to the builder and let him commit something in writing. Demand in the notice for post-dated cheques for the entire amount due for refund as per monthly installment.. Never hurry for entering into any type of litigation as it takes years and by that time you enter into litigation it should appear for the deciding authority, that you were patient and explored all legal avenues.
Vandan Kumar 18 June 2021
T. Kalaiselvan, Advocate (Advocate) 20 June 2021
First you create a documentary evidence to fight your case legally against the builder.
You may issue a legal notice communicating yor decision to cancel the booking and demand the refund of the booking amount with interest.
After that you have choice to either approach RERA or consumer forum for relief and remedy.
POLI TALK 20 November 2021
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Nivetha 07 June 2024
Even I have similar need advocate help in Chennai, any contact ??