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Vikas Gupta   09 December 2015

Builder not refunding earnest money

Hello Sir,

This is regarding the earnest money I had paid in affordable housing society project in Gurgaon. My name was not in the list of successful applicants in draw of lots and building put my applicatin in waiting list. As per affordable housing policy, applicant can claim the refund of his full money and refund is supposed to be made in 25 days of refund application. It has been 4 months and I have not got the refund.

I have got payment receipt, confirmation of builder that money will be refunded in 25 days  and further commitments.

People in builder office keep making commitments for next date and say that cheque is pending for signatures. I have following questions in that respect-

1. Can I go to consumer court in this matter?

2. If yes, Do I need a lawyer or I can pursue my case at my own?

3. Generally how much time does it take to process such cases in consumer court?

Any other solution of this problem if any?

Regards

Vikas Gupta

 



Learning

 2 Replies

Advocate Rohit (Advocate)     09 December 2015

Hello in your case you can approach the consumer forum. But 1st you need to serve a legal notice upon the builder (through advocate letterhead) asking to pay you the money along with applicable interest for delayed payments. Incase the builder fails to refund the money even after receipt of notice, then you may approach the consumer forum against the builder.

 

You can approach the consumer forum through lawyer or directly also. Since the amount is not high, it would be wise to approach yourself directly as there is no much complex issue in your matter. Just get the complaint drafted throug hthe lawyer for a fee and thereafter you can file it and appear in the case.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 December 2015

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

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