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How to get refund of the amount paid for booking a commercial property


02-Mar-2023 (In Consumer Court Law)
Filed a case at district consumer forum against the developer but the same was dismissed in Nov 2015 saying commercial properties can't be treated as residential and hence no refund...is there any scope? My lawyer never told me this during the case...
Answers (5)

Answer #1
961 votes
There is no problems u can file a civil case before the civil judge and recover the said amount otherwise there is no option left to. All efforts wnet into vein. Not fruitful results will revert back..
Answer #2
613 votes
Dear Mr....
As per your information you have booked a commercial property being a consumer and filed a case before district forum for refund of amount on certain conditions,if it is dismissed by the district forum you may appeal to state commission because you are consumer for that commercial property and consumer protection act protect the interest of consumer.
Answer #3
925 votes
You will have to file a civil suit for recovery. I hope you're not beyond the three years limitation period. In any case you'll have to ask for exemption of the time that you spent fighting the consumer case. You can contact me with all the papers.
Answer #4
713 votes
If the purpose is commercial one a suit for recovery would lie against the developer.
The other remedy is to challenge the order of the district's forum in the state consumer disputes redressal commission by filing appeal showing the transaction not commercial one but for livelihood.
Answer #5
903 votes
When the property is purchased for a commercial benefit the same cannot come under the purview of deficiency in service under the Act. There is no deficiency in service. The District forum has rightly rejected your claim for refund. Although you are at liberty to file an appeal in State forum against the same but it will be subject to the reasoning given by District Forum. You must avail other remedies under a law. You have a right to refund if there is a written contract available. Details are important to assist you better.

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