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How can I ask refund of amount paid to builder
01-Mar-2023 (In Consumer Court Law)
I have booked a flat with Amrapali Builder in February 2014 at Noida Extension. The builder initially worked swiftly and made the structure of 20 floors till Feb 2015(when i booked it was only 1st floor which was built). Now, the construction is halted for almost a year and I have no hope of getting my home as builder is facing cash crunch. Unit is costing 40 lacs and i have paid 34 lacs till date i.e. almost 85-90%. In the BBA it is mentioned that builder will pay delayed penalty of Rs. 5/Sq. Ft. if posession got delayed after 3 years + 6 months from date of escavation of tower which is 2012 December in my case. I also have an letter issued by the builder in June 2014 stating that my flat's date of posession would be June 2015 with a grace period of 6 months. Now, I want refund from bulider and i want to know whether I am eligible for filing case in consumer court or not?
If you have booked the flat in the name of individual (and not name of company) and primarily for self use, you can file the case under consumer protection. As a first step issue them a legal notice demanding them to refund the money with interest. Courts have granted refund with interest upto 18 percent such cases. though each case would have its own facts and circumstances.
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Yes, you are eligible to file a consumer case for deficiency in service for delay in delivery of possession.
The actual date of delivery in your case was supposed to be around 2016 June. However, if even after a lapse of 8months from the date of delivery, the builder has failed to deliver the unit, you are entitled to file a consumer case praying for possession with compensation or, in the alternative, for refund of the amount paid by you along with interest.
The law regarding delay in delivery of possession by builders has been settled by both the National Consumer Dispute Redressal Commission (NCDRC) as well as the Supreme Court, both of which have held, in a catena of judgements, that in cases where payments are made in time by the consumers and there is delay in delivery by the builders without any just cause, relief will be given to the consumers. Kindly consult with complete details for a more suited response.
The actual date of delivery in your case was supposed to be around 2016 June. However, if even after a lapse of 8months from the date of delivery, the builder has failed to deliver the unit, you are entitled to file a consumer case praying for possession with compensation or, in the alternative, for refund of the amount paid by you along with interest.
The law regarding delay in delivery of possession by builders has been settled by both the National Consumer Dispute Redressal Commission (NCDRC) as well as the Supreme Court, both of which have held, in a catena of judgements, that in cases where payments are made in time by the consumers and there is delay in delivery by the builders without any just cause, relief will be given to the consumers. Kindly consult with complete details for a more suited response.
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Adv. Mishika Singh
Delhi | 100+ Answers
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You are absolutely eligible to file a consumer case against the builder asking for refund of the amount paid along with interest. As the amount paid by you 34 Lacs, your case will be filed in state Commission instead of district forum.
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Adv. Vikramjeet
Delhi | 25+ Answers
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This is in response to your aforesaid query wherein we are suggesting you the legal paths are available in front of you. You are legally entitled to approach the consumer forum within stipulated time period for grant of refund and compensation etc. That apart from aforesaid remedy you are also entitled to sought your remedy under the new enactment of real estate law as well as you can prosecute the builder under various other law of land.
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Adv. Sumit Jidani
Delhi | 25+ Answers
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You can file consumer complain in NCDRC New Delhi where we will pray for an total amount for more than a crore including 36 Lacs, interest, delay, loss of opportunity etc. Yes you will get the refund with internet etc. As I mentioned you are eligible for filing consumer complain.
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Adv. Shekhar Raj Sharma
Delhi | 100+ 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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