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Builder not returning advance money how to claim for it
02-Jul-2023 (In Consumer Court Law)
We booked a flat in January 2017 in indirapuram ghaziabad and paid 5.8 lacs out of 58 lacs in advance. As per agreement signed between us on Rs. 100 stamp paper signed by notary, if builder fails to do registry by may 2017, he will pay double the amount of advance money and we as a purchaser has/ have to pay all money before registry otherwise our money will be forfeited. The flat is still incomplete as of 1st July 2017. From our side, loan was ready in March 2017, valuation of building was done on 14th June 2014 as building was incomplete. Quality of was also a major issue and several times we talked to builder about this. We have pics and videos of poor plaster work. We paid 10% in advance and rest was arranged from our side. Now we have changed our mood due to delay and poor quality, initially builder and dealer assured us that our money will be refunded, but when we visited builder office, they declined. They are not ready for refund. What to do?
You may file a consumer case against the Builder to seek refunds as per the Agreement. Case shall be filed before State Commission, Delhi if the office of the Builder is In Delhi. If not then the caae shall have to be filed before State Commission, Lucknow
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Adv. Urfee Haider
Delhi | 200+ Answers
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Dear Client, you need to file a Suit for Recovery of your money alongwith the interest on amount which is to be recovered within the prescribed time otherwise there is no option left for you to forefeit your money in the hands of the builders according to the agreement made between you and the builder,this is the only best remedy left for you. File this suit as soon as possible.
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Adv. Amit Latawa
Delhi | 25+ Answers
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Sir if you have agreement or MOU and bank statement or cheque which reflects that you have already paid 5 lacs then you can sue builder in consumer courts for deficiency in services on the part of builders or suit for recovery under civil laws
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Adv. Sanyam Jain
Delhi | 25+ Answers
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Sir/Madam,
The activity of the builder is against the provisions of contract/agreement and you may proceed against him legally. You are suggested to first send a legal demand notice and then file the complaint with appropriate forum. Thanks
The activity of the builder is against the provisions of contract/agreement and you may proceed against him legally. You are suggested to first send a legal demand notice and then file the complaint with appropriate forum. Thanks
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Adv. Ganesh Singh
Delhi | 500+ Answers
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