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Can I ask for the advance paid by me to the builder back?


19-Jan-2023 (In Consumer Court Law)

I have paid 3 lakhs for a flat to the builder and I am also paying back my loan and interest, the first builder is behind the bars and the 2nd builder is out. My query is can I ask 3 lakhs back from the builder because the building still not completed.

Answers (3)

Answer #1
666 votes
Ok since nothing material has been mentioned here in your query. I can understand from your query that u had invested 3 lakh in some project of XYZ builder and at present no construction is going on. Now there are lot of questions which need to be answered before I can comment on your query such as whether Buyer Agreement has been executed ? Or whether any allotment has been made ? Or do u have any email correspondences with the company relating to your subject-matter and many more. You need to speak out your facts in detail before I can advice you anything legal in this respect.
Answer #2
564 votes
You may after issuing a Legal Notice demanding your money back approach the District Consumer Dispute Redressal Forum
known as District Forum which deals with complaints involving costs and compensation less than Rs. Twenty Lakh.

Consumers can file different types of complaints depending on their specific grievance.

Since your complaint seems that you just want your money back and not possession for property.I suggest that you approach the consumer court mentioned above.
Answer #3
745 votes
Why to ask for the advanced amount, rather you should file a consumer complaint for the possession of the unit and the penalty for the delay in handing over the possession of the unit. If you don so definitely builder is not in a situation to complete the project in a night and perhaps he will also be not able to pay a huge penalty in terms of the builder-buyer agreement. So better to file a consumer complaint, in case of any further assistance please feel free to contact. Thanks

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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