LawRato

Building is delaying possession from 4 years and not giving refund


16-Dec-2023 (In Consumer Court Law)
Hi, i booked a house in Mumbai from a listed reputed building in 2014 he promised me possession in 2018 however not mentioned in his receipt and letter of allotment. I am asking refund from him since last 4 months but is giving me excuses one or another. Can you please guide me what legal action should i take against him to refund the money on urgent basis. Also i seen some verdict in Rera rules also which was given in the favor of building since date og possession is not mentioned in agreement. Please guide. I have screen shot of website where the date of possession mentioned as 2018 can the same to be shown as proof.
Answers (4)

Answer #1
823 votes
If possession is not given then you can file a case in the consumer court for delay of possession but in your case the possession is in 2018 so the only alternative is to file a case in RERA against the builder if the builder is registered with RERA and the project has RERA number as per the provision of section 18 the builder needs to refund your money if you cancel the booking please contact me further discussion and filing case in RERA
Helpful? LawRato LawRato
Answer #2
770 votes
Hello sir,

Yes the screen shot of website can be shown as proof. Yes u can sue him in Rera and consumer court as well. Seek possession or refund along with interest @ 18 percent. Kindly share complete details if possible.
Helpful? LawRato LawRato
Answer #3
718 votes
You can file a Case under Deficiency of Services in the Consumer court and claim refund of money and compensation for mental harassment. Further if the case is RERA Registered , you can also file a Complaint with the Administrator. But You lack sufficient Documents to show that he had promised completion by 2018 and the said time is also not yet arrived.
Helpful? LawRato LawRato
Answer #4
504 votes
dear Client i will suggest you for your query, 1) The date of Possession has not yet come, 2) It is not mention on your allotment letter & not even on your Receipt, 3) On what bases you are asking to refund the Amount. these are the situation for your flat, then only you can claim the Deposit Amount. For further need contact me from site.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

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