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abhy (as)     08 November 2014

Refund of money from builder

sIR,

 

I HAD BOOKED A FLAT IN 2006 PRE-LAUNCH OF THE PROJECT IN FARIDABAD.

BUILDER SIGNED THE AGREEMENT , PROMISED FLAT IN 2011.NOW ITS 2014.HE SAYS HE DOESNT HAVE MONEY TO CONSTRUCT. WHAT CAN BE DONE TO GET MY MONEY REFUNDED.

I HAD SENT 2-3 LETTERS TO HIM TO REFUND MY MONEY.BUT THOSE WERE SENT THROUGH NORMAL LETTERS,NO PROOF OF SENDING AS LIKE IN CASE OF REGISTERED AD. WILL IT  BE VALID IN COURT, IF I GO IN COURT WITH MY CASE????

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 November 2014

Dear, Send a legal notice cloaking your money, then if nothing happens file a suit for recovery. Adv kapil chandna, 9899011450

Advocate Bhartesh goyal (advocate)     08 November 2014

Issue legal notice to builder and if he does not comply with the notice than file complaint before District Consumer Redressal Forum against builder and claim  therein the refund of money along with compensation towards mental and physical agoney.

abhy (as)     10 November 2014

sir, i purchased it in 2006 prelauch. now its 2014 can i file case in district forum or high court? I heard that we can file in district or high court within a particular period only. otherwise we cannot even file a case in district forum or high court..

 

can u clarify

Advocate Bhartesh goyal (advocate)     12 November 2014

You have got continous cause of action to file complaint since the delivery of flat has not been given to you.it is immaterial that flat was purchased in 2006 material thing is that builder has not handover the possession of flat to you till date.


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