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Non payment of assured return by builder nor paying any attention


17-Mar-2023 (In Consumer Court Law)

I purchased a commercial property in Earth towne in noida extension from earth infrastructure in 2015 feb. I deposited 90% amount. They gave me cheque's of assired returm from April 2015 to sept 2015.They have not paid me after September 2015 till date. On the project site the builder has not even done excavation work forget about construction. On repeated reminder he has not paid any attention. Please suggest and help. 

Answers (3)

Answer #1
800 votes
the remedy available to you is file a consumer complaint before appropriate consumer forum. this is a problem being faced by all the flat buyers these days. in the complaint which shall be filed, you can seek refund of the money paid, interest thereon and compensation. the chances of the ground reality being changed are negligible.
Answer #2
977 votes
You can file a recovery suit under order XXXVII Civil Procedure Code plus can file a complaint under section 138 negotiable instruments act and we can help you in the recovery of the payment in this mode.
Answer #3
676 votes
Thank you for your question. This is a classic case of deficiency of services on the part of a builder. The good news is the Courts are coming down heavily on any such behaviour of Developers if you choose to take an action against them. A consumer complaint can be filed in the State / National Consumer Dispute Redressal Commission depending on the value of the property and compensation claimed. The new Real Estate Bill, expected to be enacted within 15 days also is a draconian law against realty companies who exhibit such behaviour. For any further information on the procedure of filing a complaint against the Builder, please feel free to get in touch with me.

Regards,
Bhoomika Choudhury

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