Builder has not started construction how can I recover my money
23-Jun-2023 (In Consumer Court Law)
Hi I have booked a flat in August 2013. and At August 2014, I got the Builder Buyer Agreement with 36 month of Procession Date. Construction is not started till date. I asked to builder to cancel my Flat. First Builder refused to cancel the flat but after argument Builder agree but after 20% deduction of my payment. In Builder Buyer Agreement This clause is mentioned If customer cancel flat then 20% will be deducted of payment made by Customer. Can I ask builder to refund 100% money because it's builder fault that He is delaying construction? What should be the right approach to get money?
Since there has been a delay in starting construction of the flat by the builder, the first step would be to send him a legal notice which he is bound to reply within 15 days. If he fails to do so then the best way to recover losses would be to file a case in any of the relevant Consumer Forum/Commission (on the basis of jurisdiction). As the Courts have been very strict against builders in recent times, there is a good chance of being able to get all your money back alongwith interest. Please feel free to contact me to take this further.
yes you can if there is specifically mentioned in building buyer agreement the date of completion of the building/flat. you should sent a legal notice to the builder for refunding the amount. if he deny to refund the amount then advise you to file case against the builder for recovery.
you have to wait for 36 months to initiate any legal proceedings, i would advise you to send him a legal notice to pressurize him. but as of now there is no cause of action as there is non completion of 36 months.
You are advise to initiate legal action against the builder firstly issue legal notice through lawyer and after that please file a criminal complaint after vetting through lawyer for criminal breach of trust and cheating and also file a consumer case before consumer court with sufficient documents and appreciate evidence relied upon
Hi Air. You can go ahead with filing of the Consumer Complaint before the appropriate consumer Forum depending upon the jurisdiction. We can help you recovering the money. We have been dealing in such cases from past three years. For further discussion please get in touch with the undersigned. We can initiate the legal process by sending a legal notice and proceeding with a consumer complaint.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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