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How to deal with non cooperative builder
26-May-2023 (In Consumer Court Law)
We booked an under construction flat in NOIDA in march 2014. However after paying 30 per cent of the amount we got to know that the land has been sealed by the Noida authority. We kept asking for out money back, however have received non since 2017. We are in touch with the builder and have spoken to him about sending a notice,however he tells us that he already has numerous cases on him and one extra will not matter. My parents are retired and getting back this money is very important.
He is under an obligation to refund you this amount together with interest if the project has been jeopardised due to a fault of his. You can choose between making a complaint before the consumer forum or the real Estate authority. You're bound to get the refund. However, it is imperative that you should send him a legal notice first.
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You have an option to file a complaint before consumer court or another option is to lodge a criminal case against the builder. It is true that so many cases are filed against the builder but on the other side there are so many persons who are victims. And filing case by a number of persons will put an extra pressure on the builder. Court is the correct forum, which can order and enforce the refund. There may be some delay but surety is there.
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Adv. Romil Sagar Srivastav
Lucknow | 25+ Answers
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You have two way for doing legal proceedings against that builders. One is you can file a complaint in consumer court for getting your money back or getting flat. Second is you can file a police complaint against that builders. After that he under-pressure and give your money back.
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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Booking kb hui thi. Booking ke samay kitni amount di thi . Aggrement ki copy aap ke pass hai kya. Aggrement mai kya kya niyam aur sharte hai . Kya sabhi samay paise dete samay receving li thi. Un sab ki copy hai
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Adv. Ranpal Awana
Noida | 25+ Answers
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It doesn't matter how many cases are pending against the builder. A legal notice is to be issued demanding payment failing which filing a consumer complaint is the remedy. The jurisdiction will depend on the amount involved. It should be initiated without any further delay to avoid being barred by limitation.
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Adv. Arjun Krishna
Lucknow | 25+ Answers
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You have a aggriment ,, which is necessary for buyer and seller. You shuld go for creminal compland under section 420 of IPC against builder.Because according to aggriment terms and cobditions he is not able to fullfill your demand.
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Adv. Gunjan Bhardwaj
Gurgaon | 25+ Answers
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You can file for the interest component separately or the principle along with interest in case there has been a breach of contract. WHile there are several fora where such claims can be instituted, including the newly instituted Real Estate Regulatory Authority, I would recommend filing before the NCDRC.
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Adv. Aditya Bhagat
Gurgaon | 25+ Answers
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Dear sir
Thank you for your query. You have the right to file a case against the builder in consumer forum and not only claim 1% interest as per the terms of your contract but also claim damages, book him for committing fraud and non performance of contract.
Should you have any further queries please do not hesitate to contact us
Wish you the very best with your legal issues
Regards
Farhat Warsi
Advocate
Thank you for your query. You have the right to file a case against the builder in consumer forum and not only claim 1% interest as per the terms of your contract but also claim damages, book him for committing fraud and non performance of contract.
Should you have any further queries please do not hesitate to contact us
Wish you the very best with your legal issues
Regards
Farhat Warsi
Advocate
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Adv. Farhat Warsi
Gurgaon | 25+ Answers
Chat
You have 3 options before you (1) You should file consumer case with the help preferably of an Advocate (2) You need to file police complaint for cheating and also lodge a criminal complaint in local criminal court (3) You need to file a Civil suit to compel the builder to either hand over possession as per agreement or refund the money along with interest.
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