1) you have to file complaint before consumer forum seek refund of money paid by you with interest
2) also seek compensation for mental torture undergone by you and litigation costs
Delay in getting refund from builder
I have booked villa with one builder in chennai on May 2014. Asper earlier communication and aggreement villa will be handed over on december 2014. The builder failed to hand over the villa on committed time and till date the construction could not be complited by builder. i have waited and requested till 2016 april and filed booking cancellation with builder on april 2016. I have been paid almost 95 % of the value ie. 42 lac. after filed cancellation kit and its been accepted by builder but till date refund was not processed by the builder nor giving emi which i am paying to bank every month from 2015 march. pls advice how can i get my refund amount and interest which i paid to bank till from builder.
Asked 8 years ago in Civil Law
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5 Answers
Hi
The options you have at your disposal are
a) Filing a civil suit against the builder claiming for Damages OR
b) Filing a consumer complaint against the builder claiming for refund of monies paid to builder along with 18% interest per annum and additional Compensation amount equivalent to EMI's so paid by you to the banks from the builder from May 2014 till date of disposal of suit
c) Filing a consumer complaint is cheaper and the proceedings are also speedier compared to civil courts.
Also the consumer courts and supreme court has been very aggressive against the builders and have been granting many relief's( alternate monthly rentals, EMI's, Principal along with 18% interest) etc in favour of home buyers. So under the given judicial environment, recommended that you approach the consumer court and get your grievance resolved.
P.S: In consumer court you do not need to have a lawyer unless and until you may so desire to hire the services of the lawyer.
Hope this information is useful
1. Send a legal notice to the builder first claiming refund of the paid amount with interest within next 15 days thereof.
2. If the builder fails to refund the claimed amount, file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the entire amount paid with interest at prevailing Bank rate, damage and cost.
3. It is a good case to win.
It is your case that you have been refunded 95% of the amount that you had paid to the builder. So to recover the remaining amount with interest you should issue him a lawyer's notice, and if he does not pay back even then a complaint case can be filed against him to the consumer forum.
First issue a legal demand notice to the builder instructing him to refund the entire amount within a time stipulated in the notice and after that you may file a money recovery suit through civil court or before a consumer court and also for compensation for the deficiency of his services and mental agony due to this.
