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Can I cancel my allotment and get full refund
13-Jul-2023 (In Property Law)
I had booked a flat about 2 years back & had paid 90% of flat cost, including cash as down payment. I have an allotment agreement with builder. Due to indefinite delay in project, I am cancelling the allotment and want full refund. Builder is asking for original docs first before refund. Is it wise to do so ? I fear that if I handover the original documents like agreement and receipts to builder first, he may deny the purchase and the refund. Should I trust the builder ? If not, what is the way out for refund ?
You can submit the originals, but make sure to take a receiving from the builder. Alternatively, you have two options-
i. File a consumer case before the district/state/national commission; or
ii. File a petition for winding up of the builder company before the concerned Company Law Tribunal.
Filing a winding up petition is more effective as courts tend to freeze bank account operations of the company.
i. File a consumer case before the district/state/national commission; or
ii. File a petition for winding up of the builder company before the concerned Company Law Tribunal.
Filing a winding up petition is more effective as courts tend to freeze bank account operations of the company.
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Adv. Angad Mehta
Delhi | 100+ Answers
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It is advisable, before returning the original documents, first send him a legal Notice through an Advocate, explaining all the facts, and reason for cancellation, and include the conversation "as he asking prior original doc etc" on their respond you can return the good so that you must have prove of return of documents.
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Adv. Naveen Kumar Shelar
Delhi | 100+ Answers
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You are correct sir.
You should not handover the original documents.
You may give a legal notice through a good lawyer, and may file a case before court of competent jurisdiction. But you should keep one point, as the time was of the essence because you needed it within the stipulated time or may wait for a reasonable time period such as 3 more months which has been expired, and that you are suffering a lot due to non possession of the flat. By keep such points, you will surely win the case.
You should not handover the original documents.
You may give a legal notice through a good lawyer, and may file a case before court of competent jurisdiction. But you should keep one point, as the time was of the essence because you needed it within the stipulated time or may wait for a reasonable time period such as 3 more months which has been expired, and that you are suffering a lot due to non possession of the flat. By keep such points, you will surely win the case.
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Adv. Manish
Delhi | 100+ Answers
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No not at all you should not handover the original documents. Therefore if he is ready to refund then prepare a MOU or an agreement get it signed from him and then you can handover the documents, or else you also have an remedy of filing a civil suit for specific performance or recovery from him along with a criminal complaint.
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Adv. Nishant Solanki
Delhi | 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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