Issue legal notice to builder to pay balance amount with interest
2) if he fails to pay file complaint before consumer forum and seek refund with interest , litigation costs and compensation for mental torture undergone by you
Refund from builder
I have paid 75 lacs to builder vide cheques from sep 2013 till oct 2014for a flat in gurgaon. In mar 2015, i had severe financial emergency. I requested builder to cancel my booking and refund my amount. But, the builder was reluctant and kept dilly dallying. Finally, after lot of coaxing , he agreed in the month of dec 2015 to refund the amount ie. 5 lacs per month. However, till date,more than one year has passed, after lot of visits, phonecalls,requests etc. , the builder has refunded only less than half the amount.He says that he has no money and will pay later but don't know when.The builder is ATS INFRASTRUCTURES. They have their office in Noida. I have given only an application form. There was no term and conditions mentioned on that.There has been no agreement or sale deed signed between us.The builder is not paying any amount since last 4 months.How do i get back my money?
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
I would like that builder pays the balance amount. They pay the interest from the time that my money has been lying with them. They should also pay me for mental harassment caused to me since last two years by causing delay in making payments. Kindly advise me how should i proceed about the whole thing and what are the charges i can levy against the builder?
Asked 8 years ago
1) Contact a local lawyer
2) Issue legal notice as advised
3) If he fails to pay file complaint before consumer forum and seek reliefs as mentioned hereinabove
You can issue a legal notice demanding the balance amount within a stipulated period of time or else you can either file a money recovery suit before a civil court or file a consumer case seeking refund and compensation for the mental agony.
You have two options before you for recovery:
1. through a civil court
2. through a consumer court.
For mental agony you may chose the second option.