• How i can refund my amount from builder

I Anshu Panwar booked Flat project Gayatri Life, Plot no. 1F , Sec 16, Greater Noida. Allotment latter for the same signed on 28/11/2016. 

project - Gayatri Infara Planner Pvt. Ltd.

Builder make all falls commitment at the time of booking , I have visited many times since last 1 year that there is no construction on builder site even site office was also closed. 

Builder commit that flat is booking under subvention scheme and all bank EMI upto possession willbe paid by him but after 6 months all EMI deducted from my account. I am following builder since last 2 year for all of your mistakes but no revert from your side. 

Mailed builder regrading cancellation our unit and refund our total paid amount but no update or conversation from builder.
what legal option available to refund my amount.
Asked 4 years ago in Consumer Law

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19 Answers

Firstly, you will have to serve a legal notice asking them to refund the entire amount along with interest and compensation within 15 days of receipt of the legal notice. If he fails to adhere, you will have an option of filing a complaint against them under the provisions of consumer protection Act 1986 for deficiency of services and unfair trade practices adopted by him, wherein you can claim the entire amount paid by you to the builder along with interest till the date of realisation, compensation and education expenses.

Alternatively, you can approach RERA.

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

Hello,

 

is it a RERA registered project? 
you may go ahead and file A case before the RERA and claim your refund. 
you may get in touch if you need any assistance with regards to the same. 

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

- As per law, you can cancel the agreement for purchasing the said flat , and the builder is bound to refund the entire amount with 10% interest due to delay in possession of the flat, and fault of builder. 

- Firstly you should send a demand notice after mentioning that due to delay in possession, you are cancelling the agreement, and thereby ask him to refund the entire amount paid by you with interest. 

- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time, then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.

- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.

- As per law, the builder is bound to refund the entire amount with interest due his fault.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Sub vention scheme is banned by govt. Better file FIR against builder and also complain to RERA and file consumer complaint for refund with interest and compensation. Send legal notice first.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Kindly write an application in the RERA and Consumer forum against builder for the refund of the amount.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

File complaint against builder before RERA or consumer forum and seek orders to direct builder to refund your money with interest 

 

2) I presume project is registered with RERA 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Contact a local lawyer, send legal notice for cancellation of booking and refund of amount with interest plus compensation for mental harassment and litigation charges.  Thereafter file a complaint with Consumer Forum.  Good luck.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

You need to seek refund from him except booking amount in case of your backing out. Otherwise you can claim the entire refund showing his Illegallities

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Pl find RERA in your area and file an application for the refund of your amount. 

Pl approach Police Station against the Builder for cheating and forgery committed by them. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You first issue a legal notice communicating your decision to cancel the booking and demand refund of the booking amount with int erst since the builder has not kept his promise to handover the completed flat on the schedule time.

After that, if there is no response or compliance you may approach RERA for solution or consumer court for refund and compensation or civil court with money recovery suit and for damages.

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

Dear Sir,

You are suggested to serve the legal notice to the builder and if not complied by the builder, file the case against him in the RERA. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Serve a legal notice upon the builder and seek refund.

 

Incase he fails to refund despite the legal notice, file a RERA complaint and also lodge a FIR against him for duping and cheating you 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Issue legal notice to the Builder at his last known address.

Check if the project is it is registered under RERA, then you can lodge complaint with RERA against Builder.

You can file complaint with Consumer Forum (CF) against builder, seeking direction against Builder to return your money, alongwith interest, damages and also litigation expenses.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

File a complaint in the consumer court against the builder 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File a case in the consumer forum.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Please approach immediately to the Consumer Court for the relief and return of money with damages.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

You can file complaint with RERA. Alternatively you may approach Consumer Commission/Form under consumer protection act with consumer complaint for refund with interest and compensation. The consumer protection act remedy is in addition to the other remedy available.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

File suit against builder in consumer forum or RERA for refund of amount paid for booking on ground of delayed possession and no updates regarding possession of complete project. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

File a complaint against the builder in the RERA tribunal immediately. Your money shall be returned within 45 days as it is the maximum statutory period that can be given to the builder to rwfund your money.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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