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What to do in case of delay of possession by builder
03-Feb-2023 (In Property Law)
I booked the flat 4 years ago with Amrapali however the 34 storey building is yet at 3rd floor. Please advise how can I get my money back from the builder including interest rate. Also they have not paid out penelty money as per Claus and do not reply to my mails and hang up when I call
As you said they are not replying back to phone calls or emails, then you must send them a legal notice stating therein all the facts related to your case. If no response from their side, then you should file a case before Ld. Consumer Court for deficiency in service against your builder.
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Adv. Nagesh Gajghate
Ghaziabad | 25+ Answers
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You can return back money in accordance agreement clause at specifide interest rate . If builder not agree then you can file suit for recovery of booking amount with interest. You can also file your case before consumer forum if there are no any arbitration clause in the agreement otherwise You can proceeds in accordance with arbitration clause.
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Adv. Jitendra Kumar Pandey
Lucknow | 25+ Answers
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file consumer case before the consumer forum of your district or to the state commission of your state as the case may be, i.e. if your claim amount is less than 20 lacs then you can file case before the district forum and if it is more then your case will be filed before the state commission.
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Adv. Vijyant Nigam
Lucknow | 100+ Answers
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I was also facing the same problem with Amrapali. However, since I am lawyer they got intimidated really easy and made a good deal with me. You can send legal notice through lawyer and force them to cooperate with you. This is a really good time to do this because after a few months Real Estate Regulation Act will be enforced then you can easily force them to seek bail.
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Adv. Prateek Mishra
Lucknow | 100+ Answers
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