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How can I get refund of booking amount in case of delayed posession


14-Jul-2023 (In Consumer Court Law)
Hi, I booked a Villa with one of the reputed builder in Gurgaon in 2013. The possession was supposed to be given by 2015. Its one year overdue. When we approached the builder to refund our amount with interest the builder refuses to do that. Is it possible to get refund ?
Answers (5)

Answer #1
594 votes
Dear Sir,

Thanks for your query for sure you will get your refund but going into any procedure of law I need to scrutiny the documents first. So you can visit our office or share documents on mail.
Answer #2
885 votes
If the builder has not completed the project within the time stipulated in the Builder-Buyer agreement and as a result of the delay you have lost interest in the property, you are entitled to get your money refunded with interest. However, as we all know builders do not oblige easily and a case will have to be filed in the appropriate consumer forum. You may like to consult further for initiating the legal action.
Answer #3
670 votes
You can approach the State Consumer Commission by filing a complaint and praying for a refund of the amount with interest if you really want the money back. The fact is that in today's time all builders whether reputed or not are delaying all projects. So you could also first try and ask them to give you penalty for delayed possession as per the agreement. (All agreements generally have a clause for this). You must check the buyer's agreement and send them an appropriate notice in this regard. If they do not respond positively then you must approach the consumer Court.
Answer #4
641 votes
hi,
you should first serve the notice to the builder and mention all your demands and his wrongs and after that you can file the case in consumer court and simultaneously you can also file the criminal complaint under 420 IPC and 406 IPC, thirdly you can also approach to competition Commission of india for the complaint against builder.

Puneet Sharma (District & Session Court Delhi & Faridabad)
Advocate/Solicitor/Legal Consultant
Answer #5
986 votes
Dear Sir

Yes you can get refund. You need to instruct a lawyer to deal with your matter in consumer court for your principal amount paid towards deposit and to claim interest on it.

Kind Regards
Advocate Farhat

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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