1) generally in case you fail to pay balance amount builders tend to deduct 10%of earnest money paid .

2) in your case agreement for sale is silent on said aspect .

3) since builder is willing to pay you Rs 70,000 accept it .

4) litigation costs for recovery of rs 30,000 would be more than amount sought to be recovered by you

5) in case you so desire you can file complaint before consumer forum in Hyderabad for refund of money with interest . agreement has been signed in Hyderabad. property is situated in hyderabad . case before consumer forum take around 2 years to be disposed of

Best to file a consumer complaint. In the complaint tell that builder delayed construction hence you are seeking for cancellation and hence seeking complete refund .

The entire process takes about 4 to 5 months.

Issue a legal notice for getting back the amount if he is not willing to give the house as your agreement does not says to deduct a percent if you didn't pay correctly. Then file a complaint in the consumer court for getting back the amount and damages. Lodge a police complaint for threatening and harassment and fr getting back the amount

A. You can issue legal notice to the builder to pay paid amount.

B. Once entered the sale agreement, you have to give proper reasons to cancel the agreement Ex: title is not clear etc.,

C. The Builder can file suit against you with respect to execution of agreement under specific performance of the contract

D. Generally, Builder can confiscate the 10% amount on the total price. Hence, you can approach the consumer forum against the builder's irrational decision. The Court will determine the matter clearly.

Send a Legal Notice to the builder calling him to refund the entire amount with interest,if he would not comply as per notice then file a case u/sec.12 of the Consumer Protection Act in District Consumer Forum for deficiency of service.You can also file a Criminal Case u/sec.420 and 406 IPC in Judicial Magistrate Court.

1. Since there is no mention about the deduction from the advance paid in case of refusing to buy the property at a later date, the builder can not deduct any amount legally,

2. Moreover, 30% deduction is too high in comparison to market standard,

3. You can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming the entire advance amount bpaid, interest, damage and cost,

4. File the above Consumer Forum case only after collecting the 70% payment fro him towards refund of the advance.

Hello,

Though there was no clear description about refund terms it is a common practice to deduct around 10% of the advance amount if you backed off from the deal..

Unfortunately there is no option available for an immediate resolution.

If you decide to settle for the 70% you will need to wait for a time until he gets a new buyer for the plot.

Therefore the best option is to send a legal notice demanding the entire amount back and if he does not comply file a case in the consumer forum alleging unfair trade practice.

The most practical solution to get the money back immediately would be to negotiate and settle it for the maximum you can get back.

Issue legal notice then file case in consumer court for refund of whole amount with interest and compensation for harassment etc.on the ground of delayed construction.

1. The builder is not legally authorized to deduct the amount from the earnest money if there is no clause tot his effect in the agreement. To deduct any amount from the advance paid there has to be a specific clause in the agreement. Since no such clause was incorporated in the agreement in your case the deduction of 30% by builder is illegal.

2. You may after accepting the 70% amount issue a lawyer's notice to builder demanding the refund of the 30% amount deducted by him. If he refuses to remit the deducted amount then move to court and file a case for refund of amount deducted along with compensation and also the amount spent by you on pursuing litigation i.e your lawyer's fee.

Hi,

You can file the consumer case in Hyderabad as the jurisdiction of the court in this matter is in hyderabad. Since you need the money urgently , send the notice and file the consumer complaint