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Irfan Mirza (Proprietor)     29 December 2014

Flat booking

I have booked a Flat in Panvel(Navi-Mumbai) with a builder in 2012. Builder has issued me a MOU and I have paid him thorugh cheque.. but he is taking long time to construct and telling us xyz reason and as per the MOU he has to start the project in next 1 year after the time of booking.... Now I told him to return my money with the loss of time but it has been more than a month but there has been no update on the returning of payment.

I want to know the legal procedure to avail my money along with the losses i have went through. 

Note: I am facing this kind of situation for first time.. please advice.

 

Regards,

Irfan



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     30 December 2014

Dear, Its a breach of contract on the pert of the builder... You can ask you money via legal notice and if the builder fails to pay within the stipulated time then file a suit for compensation along with interest ..... Plus the amount paid by you. .... Kapil Chandna Adv 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     30 December 2014

Dear, Its a breach of contract on the pert of the builder... You can ask you money via legal notice and if the builder fails to pay within the stipulated time then file a suit for compensation along with interest ..... Plus the amount paid by you. .... Kapil Chandna Adv 9899011450

Kishor Mehta (CEO)     30 December 2014

Sir,

Please approach the Consumer court for an economical and speedy resolution of your case.

Good Luck,

Kishor Mehta

H.M.Patnaik (Proprietor)     30 December 2014

Yes, for deficiency in service by the builder, you can better approach the the Consumer forum forspeedy and economical redressal of your grievance.

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If the builder has breached the contractual agreement, you may file a suit for specific performance of contract before civil court or for deficiency of service before a consumer forum.


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