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Can I get refund with interest if builder is delaying possession


18-Mar-2023 (In Consumer Court Law)
I had booked a flat with a builder in Dec 2013 under pre-launch. Sales people had told me that approvals will be in place in six months and construction will begin (this was verbal). Builder collected 20% of the flat cost (nearly 19 lakhs) from me within 30 days of booking. The term sheet I signed mentioned that in case of cancellation, the refund will be made once the unit is resold after deducting Rs.25000. I did not sign allotment letter, construction or sales agreement. The builder has been able to secure all approvals in Dec. 2016. During 2014-16, the builder did some excavation and construction but later stopped possibly as the approvals were not in place. Now builder has demanded another 20% amount (as per term sheet) and is indicating that the construction will be started and the flat will be ready in about four and half years time. I can not wait that long and would like to cancel. Will I get my money back with interest if I approach consumer court.
Answers (4)

Answer #1
603 votes
Hi,

You can approach the consumer court and you can claim your losses along with claim against metal agony and the bank interest rates. For that first you have to send a legal notice to the builder and then file a consumer case.
Answer #2
745 votes
Your case has been referred for legal advice to me by Lawretto:
First while I should be concerned with the particular points you asked and would ask you to provide me with a copy of the agreement and go through the terms, clauses to answer you, my experience ( you can google my name which I give later) tells me that the actions of builder are symptoms of extracting more and more money from you and if you dont pay up and otherwise if you opt to cancel the booked flat to cheat you unless he is forced to return your amount. I tell you more in e mail.
Answer #3
898 votes
Yes you have every right to cancel the contract and of course claim the entire amount with interest from the builder.Feel comfortable to contact me for further legal help at the earliest since you have decided to pull back from the contract.
Answer #4
569 votes
We understand your plight but this is a common scenario with most of the builders these days, you should get your term sheet vetted by an expert in this field and based on the opinion you can proceed, send them a legal notice in the first place and then you can go ahead and file a consumer case if the builder does not oblige. We are expert consumer lawyers and have many cases against builders where the court has allowed upto 18% interest on deposits along with compensation and costs, should you need any legal help feel free to contact us.

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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