Advocate Ankush Yadav

Questions Answered by Advocate Ankush Yadav

Q: How to take refund from builder and cancle the deal

I have paid a cheque of Rs10,00,000 to buy a flat. Due to certain unforeseen circumstances, I don't want to go ahead to buy the flat. How do I take the 10 lacs back from the flat owner?

Advocate Ankush Yadav answered
Hey,Which years you have paid this amount? Did you make any default in instalments or instalments have not started yet? Its just a booking amount? For that agreement is to be check what are the terms and conditions of the refund in the agreement.

Q: legal recourse against builder for delay in possession of flat

I booked an independent floor with in the year 2009. The builder has taken full period since then (construction linked) and is yet to hand over the possession. As per the contract, the builder is to pay a late payment penalty. However, he is refusing to pay the same citing that the delay was due to conditions beyond his control. I am currently paying rent and incurring huge financial loss due to the delay. What is my legal recourse?

Advocate Ankush Yadav answered
Legal remedy to file a consumer complaint to recover the amount, or to take the possession of the property.Jurisdiction of the consumer complaint is there where property is situated.And you need to see the contract/agreement for the amount and the interest ro be claed for delay payment.

Q: Delay in possession of property. Builder not replying. What can I do?

I had booked a flat in Beethoven's 8 of Agrante realty in Sector 107 Gurgaon in Dec 2013 and paid 30 lacs as 30 % cost of property by Feb 2014. After that, the builder neither asked for more money nor started the construction. Builder is now not replying to refund the amount. Please advise.

Advocate Ankush Yadav answered
You want a refund??? If yes the you have to file a consumer complaint for refund of money also you need to send them a mail so that we can raise a cause of action for filing consumer complaint. Also need to see the Builder Buyers Agreement for interest .

Q: Validity of mutual agreements made before divorce

My sister is facing domestic violence for 14 years and we have tried our best to settle her but now position is going to be worst and having no option than Divorce and i want to confirm is there any legal validity of our Mutual written agreement and can we record a pre-intimation in court which will help us if we want divorce

Advocate Ankush Yadav answered
No there is no legal validity of a mutal agreement between the parties.For a mutual divorce you need to mutually agreed upon the terms and conditions.And if it is a contested one the we need to prove alegations.Prefer to go for a mutual if possible.

Q: Can person demand money back due to delay in property

Booked  flat on 2008 and still not ready. Can I demand my money back from the builder on account of undue dalay?

Advocate Ankush Yadav answered
Yes you are entitled to get you money refund from the builder with interest and interest rate is mentioned in your builders buyer agreement. Before proceeding further send them mail regarding the refund and then we can send a legal notice or else file a consumer complaint for refund.For filing complaint that mail is cause of action that is needed to filing.