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How to recover money from non cooperative builder
26-May-2023 (In Consumer Court Law)
I had booked a flat in Pristine Properties project in March 2016 by paying Rs. 9lacks. Since a few months I have been asking the builders sales head for cancellation of booking and return my money. But he keeps on giving reasons that the company has no funds. I have receipt of the payments which I made by cheque. In the reciept it was also mentioned that 10% amount would be deducted on cancellation. I am willing to shell a reasonable amount also. But the sales head continues to say that there are no funds with the company. Kindly advice what should I do now? My Regards to all respectable advisors.
Hello. since you paid 9lakhs and have the receipt for the same, they cannot deny you refund as per terms and conditions. we will have to approach district consumer forum for the redressal of your complaint. since you have a payment proof, 100 percent of the amount would be refunded and additional amount also for harrasment. Thanks
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Adv. Siddhesh Chaugule
Mumbai | 25+ Answers
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you may file a suit for recovery of your money in a competent civil court against the developers and promoters of the project or u can apprcoah the consumer forum for possession and in default for refund of money with interest in an action for deficiency in service.
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Adv. Suraj Dessai Almeda
Mumbai | 25+ Answers
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Have you entered into any agreement in writing to this effect in respect of booking amount with the builder?? the builder has to refund your advance payment by deducting whatever percentage it is agreed upon in the Agreement for cancellation. "No funds" is not a ground for not refunding your money. The builder is bound to refund your booking amount on cancellation according to the Agreement between both of you.
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Adv. Siddharth D Magdum
Mumbai | 25+ Answers
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