pramod yadav (Assistant Company Secretary) 06 December 2013

Clarification and suggestion on flat purchased

Dear all,

one of the my friend purchased the flat at virar in a load baring building but he was resinding at kandivali and give the address to builder of kandivali where he residing and he was already paid more than half money and received a payment received voucher from builders. but today he refused the return the money which was already paid by my friend.

1. can we file a case against the builder in court on the basis of payment received voucher received from builder?

2. which court we file the case against the builder?

all your advice are welcomed to help my friend

thanks in advanced

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BAALASUBRAMANNYAMM (Advocate) 06 December 2013

If the builder has issued a Payment Receipt, after receipt of the amount and subsequently when he refused to return back the money to you on any grounds, the builder has no right to refuse to pay back the amount,, in the case of a cancellation of a deal. If he refuses to pay back the amount, you are entitled to file a recovery suit against him, before the court, where the property is situated.