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legal procedure for withdrawal of earnest money paid to builder


05-Oct-2023 (In Consumer Court Law)

I have purchase Flat for which I have paid 30% amount for which they have allotted me flat in 2013. But after Two and half years still they have not started the work. So I have visited the site but I found that builder office is been shut down. so i visited builder registered office for refund of money but they told me to give me a written letter for refund. so i have given a written letter but still they r not refunding my money and they are not picking up calls from last one month. so how can i get my refund of money.

Answers (1)

Answer #1
65 votes

If the builder is a member of CREDAI (Confederation of Real Estate Developers Association of India) then file a complaint with them which can easily be done online. The CREDIA is an association of builders which mediates disputes between builders and consumers. Ideally, you should approach the CREDIA before filing any complaints as they refuse to mediate your issue if you have already approached the courts. If the issue remains unresolved then you have recourse to the following remedies.

File a complaint with the police briefly setting out the facts of your case and highlighting how you have been defrauded by the builder. Offences such as criminal breach of trust, cheating, fraud etc. can be made out.

Though approaching the police will not get your money back, it is still an important remedy that you should not waive from being used.

Thereafter, file a complaint with the consumer forum.

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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