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Delay in possession of flat how can I recover my money back
11-Jul-2023 (In Consumer Court Law)
I have purchased a flat in Raj nagar extension 3.5 years back with a payment of bond 18.5 lakhs with Value infracon or flat at the time of posession. The bond says after 3.5 years which will be completed in August 2016 i can have the doubled( I have a cheque of 37 lakhs dated AUG 2016) or I can have the flat. Thr flat is not ready. The construction has not even started. I want my money back without much hassle as the project is delayed i fear the cheque will bounce. What can i do for speedy recovery of my money. Please suggest.
Dear Sir/ Mam,
Based on the query raised by you, there are two options that are available to you. One is to claim the money presuming that there subsists an agreement citing the same by way on encashing the cheque issued to you. Second is to claim the flat as and when the same is complete. Keeping in mind that the construction has not even started, it would be most prudent to encash the said cheque. Should the builder be willing to honor the agreement for doubling the amount paid by you the matter would stand settled. In the event the builder does not honor his commitment you have a strong case under the Negotiable Instruments Act, for dishonor of the cheque given to you. Alternatively you can also approach the consumer forum for seeking damages on account of delay in handing over possession of the flat. Hope this rests your concerns.
Warm regards,
Joseph Koshy
Based on the query raised by you, there are two options that are available to you. One is to claim the money presuming that there subsists an agreement citing the same by way on encashing the cheque issued to you. Second is to claim the flat as and when the same is complete. Keeping in mind that the construction has not even started, it would be most prudent to encash the said cheque. Should the builder be willing to honor the agreement for doubling the amount paid by you the matter would stand settled. In the event the builder does not honor his commitment you have a strong case under the Negotiable Instruments Act, for dishonor of the cheque given to you. Alternatively you can also approach the consumer forum for seeking damages on account of delay in handing over possession of the flat. Hope this rests your concerns.
Warm regards,
Joseph Koshy
Helpful?
16+
16+
Adv. Joseph Koshy
Noida | 25+ Answers
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Hello,
You can serve them with a legal notice, stating thereby all the facts and circumstances. this will help you in recovery probably or then we can proceed to consumer forum.
thanks and regards
You can serve them with a legal notice, stating thereby all the facts and circumstances. this will help you in recovery probably or then we can proceed to consumer forum.
thanks and regards
Helpful?
16+
16+
Adv. Anilesh Tewari
Lucknow | 200+ Answers
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Dear owner regarding your problem first try to contact your builder and state your complaint with them and try to talk to them as, in this case with the builder you to will face certain problem, if you proceed to take legal action. In the present case you can deposit the cheque and if the cheque is returned unpaid than the same can be recovered by means of notice by legal counsel for the recovery of the amount against the said payment . And if you fail to reach any conclusion with the builder you have many option through court for recovery of money. Contact a good advocate of your area for legal assistance.
Helpful?
17+
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Hi Sir,
U have many rights against the matters or builders as
1. You can file consumer complaints in consumer Court against the builder.
2. Builder is liable paid deposit money with 24% interest with penalty.
If you want more knowledge about this matter so call me at a time
Thanks you
U have many rights against the matters or builders as
1. You can file consumer complaints in consumer Court against the builder.
2. Builder is liable paid deposit money with 24% interest with penalty.
If you want more knowledge about this matter so call me at a time
Thanks you
Helpful?
13+
13+
Adv. Sanjeev Goyal
Noida | 25+ Answers
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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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