×
  

Continue to LawRato.com with Google


Continue

Builder offering refund in place of possession


 As per the agreement, we have paid Rs. 4620000 and have to pay the balance. When we requested the builder to provide the documents to avail housing loan, he is now refusing to sell the flat to us. He now shares that he has no intention of selling the flat to us and would return our money. We have no intention of taking back our money but are inclined to have our own roof in that locality. How should we proceed further


Answers (3)

Hi

If u have entered in to an agreement of sale, u can file a suit for specific performance and pray the court to direct the builder to receive the balance consideration and execute the sale deed. Simultaneously u can obtain an interim order to restrain the builder from alienating/creating third party rights till the disposal of the suit.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

You can file a case on the basis of the agreement you both have signed. You have a case under Consumer Act as well as under Contract asking the Civil Court to direct him to register the flat and give possession to you. But the second option will involve court fee to you.

Popular Consumer Court Lawyers

Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
15 years Experience
Advocate Parvez Ahamed
Magrath Road, Bangalore
22 years Experience
Advocate Unmesh Gopal Dindore
Shaniwar Peth, Pune
10 years Experience

1) file complaint against builder before consumer forum and seek orders to direct builder to register sale deed in your favour and to deliver possession within stipulated period

2) also claim litigation costs and compensation for mental torture undergone by you
3) You have to issue a legal notice to the builder to register the flat on your name mentioning about all those transactions that have been completed so far in this regard and give him a date for registration.
If the builder fails to comply with the demand made in the notice, you may drag him to civil court with a suit for specific relief and also to the consumer court for compensation for the deficiency of service and also for causing mental stress.

.......

I fully understand your problem. Though legally you have recourse to file Civil suit or Criminal suit, the fastest and cost effective option would be to approach the Consumer Forum.

So in order to initiate any legal action (irrespective of civil / criminal / consumer forum)
First issue notices to the builder and then if you do not receive reply/ favourable action by the builder within 30 days, you should initiate appropriate legal action

The Remedies available to you if you use the legal approach through consumer forum are

a) Demand payment of interest at the rate of 11% or whatever rate of interest the builder has mentioned in the agreement of sale in case of you(buyer) delaying payment. Interest will be computed from the date of you making your payments to the builder AND

b) Costs of alternative accommodation from the date of possession as envisaged at the time of agreement of sale AND

c) Compensation for Mental Stress and Trauma.

d) Penalties for Default. All projects that were due to be delivered before 2012, but have not been completed as of date are now classified under the head " Default" . Heavy penalties are ordered to be paid by the builder to home owner in case of Default and penalty can be claimed in lieu of compensation.

Of late consumer courts have been aggressive and have been awarding orders in favour of Buyers (see above remedies).

Many developers such as Shobha, Parsavanath, Unitech and even good companies like L&T have been facing the music from the consumer courts for project delays and deficiency of service.

The jurisdiction of consumer court is based on the value of property

If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is to be filed at State Consumer Disputes Redressal Commission ...... better consult an advocate at the earliest


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

Legal Notice for Delay in Construction

4.5 | 16 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
Legal Notice for Faulty Product / Services

4.4 | 197 ratings
Fixed Price Rs. 1999
30 Min Intro call + Start to finish help
15 Minutes Consumer Dispute Advice Session by Phone

4.6 | 77 ratings
Fixed Price Rs. 499
Legal advice and answers from a local experienced advocate about your consumer dispute issue
Similar questions

I had taken memership at Talwalkars Gym Santacruz West Mumbai under an FD scheme. As per this scheme I paid Rs 20,000 for 2 years. I could use the gym…

Read More

4 yrs ago i booked a flat in pre launch state but that builder not constructing 50 % ammount paid at a time by cheque. Before one yrs i cancelled then…

Read More

i have invested in apartment and the builder delayed quoting some delays in getting approval for building higher floors now the project is stuck in RE…

Read More

I have paid 3lkh advance for some purchase which is confirmed by mail for delivery of material with in 1 week but the vendors fails. In between I send…

Read More

Get free assistance for your legal issue