How to get refund from builder in case of delay in possession?
03-Mar-2023 (In Consumer Court Law)
Hi , I had booked independent floor at Wave Estate Sector 99, Mohali in Jan 2013 under subvention scheme. I had been told the possession will be delivered by Dec 2015. The company delayed the contruction by 2 years and they kept telling me the construction will take place soon and will be delivered by Dec 2016 and now they are saying Dec 2017. It's been 4 years now and I got my homeloan approved by hdfc bank 2 times. And they got the disbursement from the bank approx Rs. 26 lacs and I paid Rs. 8 lacs the total cost of the floor is Rs. 42 lacs. I dont want to wait any further and I want my money back with interest and I had to go through lot of harassment and fake promises. Please let me have your thoughts on this and the best way to get my money back asap.
Sir for refund you have to file case against them in state consumer dispute redressal commission and now courts are also in positive view that if some builder delays in handing over the possession then you get refund of your amout from the date of initial buyer agreement with 12 percent interest and we have many judgements which say that amount be refunded and compensation also be given to them to tune of 2 lakhs and also u vil get legal expenses
You seem to have a strong case in hand.Please file a case immediately in State Commission Punjab for taking a relief or else you'll be loosing your money. Also, there is a limitation clause of filing a case within 2 years from the cause of action. So, collect all you papers previously sent and file them along in the court. It is always better to consult a professional lawyer.
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