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Paid 50% amount builder not started project how can I recover my money
27-May-2023 (In Consumer Court Law)
I have booked flat in Assotech project "The Nest" in year 2012 and have made 50% payment of total cost. Builders Buyers agreement is also entered. After 2014 there is no communication from builder side. When ever we call them they say that work will start with 15 days. Yesterday when i visited their office i found that it was sealed so went to their temporary office. There i come to know that company is facing cash crunch and many cases are filed against the company. They will not be able to deliver the project and may be closed down. Kindly advice so that can recover my money from builder?
According to me, the first step that you need to take is to send them a legal notice. If they fail to revert back in the stipulated time, then you may go ahead and file a complaint in either the District, State or National Consumer Commission depending on the value of the property. Please note that the Consumer Courts have been strict against the builders especially in the last 2-3 years so there is a good chance of being able to recover your money in due course of time.
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Adv. Akanksha Choudhary
Delhi | 100+ Answers
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Please file a criminal complaint against them and also file a consumer complaint immediately. Because many companies playing these types of fraud without having any approvals. Please obtaind their complete details from the ROC
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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yes, as per the market reports there financial conditions are not strong. With respect to your query, you must send them a legal notice followed with a consumer case against them. As of now consumer court is appropriate court however there is a recent statute as per which when Real Estate Tribunal are established the cases pertaining to builders shall be transferred from consumer court to real estate tribunal. We can provide you our services if you wish to.
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Adv. Ankit Chaturvedi
Delhi | 25+ Answers
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Hi Sir. Yo start with you can send a legal notice and then file a consumer complaint before the Hon'ble forum. Please get in touch so that we can issue at length. I need few details please get in touch with the undereigned.
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Adv. Ridhima Chhatwal
Delhi | 25+ Answers
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Thank you for your question. We understand that the flat was booked in 2012 and there has been no communication since 2014. Assuming that the date of possession was within 2-3 years of booking, there has been considerable delay in delivering possession. The best recourse against the Builder is to file a petition in the Consumer Commission. Depending on the value of the flat, the jurisdiction of the Commission will be decided. The good news is that Courts have come down heavily upon Builders for any default in delivering a finished apartment. Delay in delivering possession is a common ground for filing a petition against a Builder and most consumers have been granted relief for such default. Please feel free to contact us, to know more about the procedure for filing a petition.
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Adv. Bhoomika Choudhury
Delhi | 25+ 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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