1) issue legal notice to company to refund your money
2) if company does not refund file complaint before consumer forum and seek refund with interest . litigation costs , and compensation for mental torture undergone by you
Regarding refund amount of money
Sub: - Regarding refund of booking amount I have booked a flat in the name of URMILA MAHOR, 1BHK flat in Sheetal Mega Height, flat no 208 Mandeep Bhopal on dated [deleted] as vide Cheque no. 866459 of SBI dated [deleted] of amounting Rs. 51000/- (Fifty One Thousand only.) After one month, Due to my personal reason have cancelled the flat. In this connection I have given a application for cancellation of flat and representative Ms Sania wrote on my cancellation letter 40,000/- refund to you and 10,000/- will be deduction made by M/s Prabahakr Construction and told refund will within three month. After three month I have given in writing but they have not given any response also send second reminder but they have not accepted my reminder and return to me. Again I have contact to M/s Prabahakr construction office and meet to Chairman Shri Manoj Pradhan. Chairman told meet to Mr Sunny (GM) . I have meet Mr Sunny sir on same day and they said after Diwali your refund will return. After Diwali I have contact Mr Sunny sir and they said I have left the company of Prabahakr Construction. After that I have again meet Chairman and they told we will transfer your amount on line within fifteen day so give your account no. to Ms Sania Madam. I have given account no. to Sania Madam. After 15 days I again meet Chairman (Shri Manoj Pradhan), they told I out of station so please call next day in banking hour. I have again call next day but not responding my phone also I have send SMS message for the same but they are not responding to me. Two times I have given in writing but they have not given any response to me. Also I called & send message so many time but they have given to me any response. As almost 6 month has passed they have not refunded any money. Every time I ask they excuse they don't have fund and refund process will begin in 2 months. I am fed up with all this. Please advise what should I do in this situation to get my hard earned money back ? Should I wait or file a case? How should I file the case? Please advice I
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1. This is quite common with most of the builders.
2. The booking amount can not be refused to be refunded on any ground and the builder is bound to refund the same asap.
3/. Since it is not doing so you can file a case in consumer forum wherein you can seek relief of not only refund of the booking amount but also damages and compensation for mental agony and harassment caused to you out of this delay.
4.You would soon see all your resolved though the consumer forum.
Issue a lawyer's notice for refund of money to the builder, and if this proves futile then a civil suit for recovery of money will have to be filed by you in the civil court to recover your money with interest.
Since you have not taken any legal action so far to recover your money they are relaxing.
Now it is high time that you send a legal demand notice to the concern and after waiting for a stipulated time you may proceed with the company for recovery and compensation towards deficiency of service through District consumer forum
Simultaneously you may even lodge a criminal complaint against the chairman for the offences of cheating
