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Builder could not complete the construction and not refunding, advise
26-Jan-2023 (In Consumer Court Law)
Hi I have bought one flat from Gaursons in thier sportswood project sector 79 Noida wherein I have been given an option to surrender the fact at the time of possession or Dec'16 and get back entire amount deposited along with premium as per below clause of Agreemnet- “WHEREAS the said booking/allotment is under a special scheme of Company wherein the allottee(s) is having an option to surrender the booked apartment at the time of offer for possession or Dec'16 whichever is earlier and the allottee(s) will be entitled for the refund of total amount deposited along with the premium on the total cost of apartment. The premium shall be based on the calculation of 12% interest per annum over the total cost of apartment. Timely payment is the main essence of this scheme, the TDS at prevailing rates shall be applicable." I have mailed the builder that I am opted to surrender and asked to return the money with premium but he is not responding. Please suggest legal course to address.
Construction companies are now days indulging in malpractices with their genuine customer. Don't hesitate to take strong legal action in applicable laws. Firstly you can take action in consumer law then law of specific performance as well as you can also file suit for recovery of money before civil court of competent jurisdiction
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Adv. Vinay Pandey
Lucknow | 25+ Answers
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For refund of money with interest you may opt to file a case in Consumer forum for deefficiency of service asking ur money with interest and compensation with cost of litigation. But it will be better if you give a legal notice through your advocate to Builder. For help u may call me
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Adv. Avdesh Chaudhary
Noida | 200+ Answers
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There are two options available in absence of real estate authorityin such a course either you can go for arbitration or can go to consumer forum. In my opinion Arbitration is a better option considering it to be swift and efficient.
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Adv. Rohit Kumar Singh
Delhi | 100+ Answers
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