Dear,
First of all send legal demand notice through advocate.
If he is not refund money in stipulated time, then file civil case against him.
or file consumer case.
Or you can file fir against that builder u/s 406,420 ipc.
Hi Sir, I found an apartment for sale and everyone in my family like it. When we enquired to get a legal book from the builder, the builder asked us to pay 1Lakh for him to provide the legal book. We paid it through NEFT online transfer and made a legal verification and found that the building don't have OC/CC. When we asked to refund the amount, the builder is not ready to refund. All this happens in one week. We don't have any builder-buyer agreement. What I all have is proof for online transfer and phone call recordings. Please let me know the way to get the refund from the buyer.
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Dear,
First of all send legal demand notice through advocate.
If he is not refund money in stipulated time, then file civil case against him.
or file consumer case.
Or you can file fir against that builder u/s 406,420 ipc.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Sir issue a legal notice to the builder if builder fails on notice to refund same you need to file a summary suit before the civil court to recover the amount.
1) issue legal notice to builder to refund your money
2) mention reasons that you want refund as builder has failed to obtain OC /CC
3) if builder fails to refund file complaint against builder before RERA and seeks refund of money paid by you
if OC is not received for the building then it is required to be registered with RERA
Check if this project is registered with RERA
If not then you can file a complaint against builder with RERA for not registering the project and also to claim refund of the amount paid by you with interest till that amount is refunded
Without a valid OC, your building can be demolished as it can be classified as an unauthorised structure by the authorities.
You can approach the National Consumer Disputes Redressal Commission (NCDRC) and file a complaint against the builder.
You can also file a recovery of money suit along with interest
Since the builder is not furnishing the details of the property and also it is found not worth buying, you may issue a legal notice to the builder to return the amount he had taken as token.
If he is not complying with the demand made, you may file a civil suit for recovery or approach consumer court for relief and remedy.
Dear Sir,It is pure cheating. You can lodge complaint with police and RERA. You can even file private complaint before Magistrate. You can file civil suit to recover the amount. Make it viral on social media and he will be afraid of lowering of his reputation and settled matter.
You have 2 options:
Approach Consumer court.
Or
File a recovery suit.
Alternatively, file a police complaint.
A. You may issue a legal notice to the builder to refund the amount under the grounds that Flat construction's Defects by virtue of non availability of Occupancy Certificate.
B. You may file a civil case under summary proceedings for recovery of money before jurisdictional court and claim separate damages for mental agony and harassment.
C. You may lodge the complaint against the builder if the project has been registered before the Real Estate Regulatory Authority if the project is coming under the ongoing project with in the definition of RERA.
D. You may approach Consumer Forum under the deficiency in service and unfair trade practices due to non disclosure of material information towards the project (Non-availability of OC/CC). At your option, you could select anyone option as highlighted above. You cannot exercise your all right simultaneously.