• Refund from developer

I booked plot in a project & made payment in installments in 36 months as per plan. After completing full payment of 9 Lakh due to some issues i asked for refund & cancelation. The developer have given back only 3 lakhs uptil now after 4 years & making excuses. There was no sale agreement signed for the sale of project as it was missed by everyone. Please advise what should i do & how i stand if i proceed legally? How much time & compensation should i expect in that case. TIA
Asked 2 years ago in Consumer Law

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15 Answers

1. Send a legal notice to the developer for refunding the due amount to you.

2. Complain to RERA of the competent jurisdiction.

3.  File a suit in the jurisdictional Consumer Forum.

4.  File a case of cheating against the developer in the jurisdictional Police Station.

Shashidhar S. Sastry
Advocate, Bangalore
5440 Answers
330 Consultations

Issue legal notice to builder to refund balance amount with interest 

 

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

Ajay Sethi
Advocate, Mumbai
97417 Answers
7872 Consultations

Kindly check below points

  • Sale brochure at the time of making the deal.
  • Terms and conditions mentioned in the sale brochure.
  • If payment is made online or cash?
  • Project were sanctioned as per government layout like from RERA to sell plots as per layout sanctioned.
  • If project is not registered with RERA still you can make complaint against developer in RERA and in the Consumer forum.
  • Minimum six - eight months time frame to get results maximum two-three years. (Working days counted excluding holidays)
  • You have rights to receive atleast 90% of your amount from developer.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

First of all if you have the evidences to prove the transfer of money to the developer's account, you issue a legal demand notice to him demanding the refend of the amount you have invested in the proeprty owing to cancellation of the booking.

If he fails to return or respond to your notice you can drag him to consumer forum for relief or can even file a money recovery suit through civil court and demand your balance amount along with interest. 

T Kalaiselvan
Advocate, Vellore
87617 Answers
2352 Consultations

Builder has admitted his liability to refund the advance as he has refunded part of  amount.  Issue a lawyer's notice  seeking refund with interest. After that file a complaint in District Consumer Forum  under new Consumer Protection Act, 2019 under which  proceeding are very fast. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee.

Ravi Shinde
Advocate, Hyderabad
4354 Answers
42 Consultations

Dear Client,

you can file a petition in consumer forum and issue a legal notice to him for the payment of the refund along with the interest as a compensation. 

Anik Miu
Advocate, Bangalore
10350 Answers
121 Consultations

- There is no guidelines laid down by the government to forfeit the booking amount for the cancellation, and the deduction is done at the builder’s discretion.

- Hence, legally, the builder cannot deduct any money out of the advance payment you have made for the booking till the time; a builder-buyer agreement is made and registered with the sub-registrar.

- Further, as per RERA, home-buyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Since, you have already paid him nine lakh rupees, and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding.

- If, builder not refunding the same ,then you should lodge your complaint before the Consumer court , and thereby prayed for the refund of paid amount with interest.

- However, issue a demand legal notice for the said amount to the builder , and if no response then fie a compliant before the Consumer forum or RERA. 

Mohammed Shahzad
Advocate, Delhi
14727 Answers
224 Consultations

yoy send, him a legal notice and file a complaint before consumer court

Prashant Nayak
Advocate, Mumbai
32801 Answers
209 Consultations

If there was no sale agreement signed then which plan of payment of 36 months ?

First start with sending notice and thereafter consumer court/police/civil court for next steps based on your notice and reply. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

You were advised to cancel the booking and demand the refund of the booking amount by issuing a legal demand notice.

If he is not complying with the demands made, you can very well drag him to the consumer forum or the civil court for recovery of your booking amount.

T Kalaiselvan
Advocate, Vellore
87617 Answers
2352 Consultations

payment terms are recognized by agreement.

 

dont go for rera/mera/phera/tera.

*andi made is for fools. 

 

First start with sending notice and thereafter consumer court/police/civil court for next steps based on your notice and reply. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

Registration with RERA is mandatory 

 

if it is not registered with RERA he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project

 

 

Ajay Sethi
Advocate, Mumbai
97417 Answers
7872 Consultations

Consumer court is best remedy for you. 

Prashant Nayak
Advocate, Mumbai
32801 Answers
209 Consultations

Dear Client, 

you can show the bank statements to the court to collect some evidences regarding the booking of the plots. 

Anik Miu
Advocate, Bangalore
10350 Answers
121 Consultations

- If that project not come under RERA, then you can approach the Consumer forum of your jurisdiction against the builder , after enclosing the proof of payment 

Mohammed Shahzad
Advocate, Delhi
14727 Answers
224 Consultations

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