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Delay in construction how can I get my refund


28-Jun-2023 (In Consumer Court Law)
I have invested in a project in bangalore in Oct'2014.It has been more than 1.5 Years no construction is commenced in my block. Possession date Mar'2017. 30 % of the amount has been disbursed from bank and i have made some initial payment So on the above grounds i have asked builder to cancel the apartment and refund my money and bank loan in Mar'2016. They said they will do it in 120 days. I keep on calling and sending emails and now no reply from them, What should i do now ?
Answers (4)

Answer #1
885 votes
Dear friend,
In such a situation you have no other ways but to seek remedy through consumer forum or court ,as we are seeing hundreds of matter being pending in these matters and builder have no problem unless they taste the real bitterness of court for their fraud ,hence contact a better lawyer having excellent knowledge and expertise or in case you don't find one you can consult our office with relevant documents. Ofc : pankaj Kumar ,Advocate
Answer #2
684 votes
You can file consumer case for your grievance.
The grounds are good for filing the case.
Get in touch with any lawyer near you and approach the court. Initially you may also serve a legal notice on the builder.
Answer #3
675 votes
Dear Sir/Madam, if you have really decided to cancel the said apartment it will purely depend upon terms and conditions of the Sale Agreement/MOU, you have to issued a legal notice to refund the said amount for cancel the said apartment, if they have failed to refund the amount which you have paid to the said builder/developer, thereafter you have to file petition before district consumer forum to claim the deficency of service, compensation for mental agony and refund of your money.
Answer #4
638 votes
Sir,
You have not disclosed that whether you are land owner or investor? If you are land owner you may have entered into Development Agreement and Construction Agreement with the builder, in such even there will be stipulated period for completion of project with all necessary finanicial arrangements and assurances between you both. The same agreements also have indemnifying and default clauses. In case if your builder have violated any of the terms and conditions of the said agreements you can take legal action against him and you need not wait for his assurances for settlement, if any.
Thanks and regards

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