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Non-payment of Refund amount from Builder


19-Apr-2023 (In Consumer Court Law)

Non-payment of Refund amount with interest due to cancellation of Flat booking. My sister had booked a prelaunch flat on August 2013. The builder promised to deliver as per agreement on 2014. However, the builder did not honor the agreement. We asked for cancellation. They gave a post dated cheque for 3rd March. When we went to process the cheque, they said they do not have funds,. They gave us assurance letter that they would provide draft on 16th April. However, they did not do so. They are not willing to give us out own money with interest. What legal action can we take ? Please help?

Answers (5)

Answer #1
737 votes
Do contact with relevant documents and all agreements between the party and amount paid to the builder and cancellation of agreements at earliest , will try to help you at best legally .do carry all documents and paid amount to builder .
Answer #2
570 votes
You may immediately serve a legal notice. And if they are unwilling to comply and return the advance paid by you, you can take legal actions against them by approaching the consumer court.

Moreover if they had already given you cheque, you may deposit the same for encashment through your banker and if the same bounces, in which case they shall also be liable for offence u/s 138 of Ni act which is a criminal offence.
Advocate Abheek Saha

Adv. Abheek Saha

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Answer #3
739 votes
Dear Sir/Madam, your sister has every right to get her hard money from the said builder which was paid by your sister at the time of booking the flat. Your sister has to send legal notice to the builder for refund the advance booking amount with interest, if failed to do so by the builder, thereafter your sister has to file the petition before the district consumer forum for the same... if you want my service I will do it.
Advocate Chandrashekhar Vithal Jadhav

Adv. Chandrashekhar Vithal Jadhav

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Answer #4
893 votes
You can send legal notice demanding the amount or give flat as assuered. file a case against him before consumer court For deficiency of srvice. lodge a complaint before the police station Criminal case for cheating
Advocate Govindaraju K

Adv. Govindaraju K

LawRatoBangalore | 100+ Answers
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Answer #5
538 votes
Dear Querist,
You can present the cheque now, do not delay, as the cheque is valid only for 3 months, if the cheque is dishonoured you can file 138 NI case for cheque dishonour. This apart, you can also file a consumer case for deficiency of services, mental agony and compensation.
Pratap, Advocate
Advocate Pratap Kumar

Adv. Pratap Kumar

LawRatoBangalore | 200+ Answers
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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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