Inappropriate flat condition and harassment by builder


 We booked our flat in Noida sector 4 in 2016 but builder told us last week that your flat has been cancelled by our company (without any reason ) and saying to refund our payment that is only 50% of the total money deposited by us. They told us in starting that u have to pay only 25% of the purchasing amount (22lac) and after that u have to pay loan emi\'s from Gic (general insurance corporation ) in Noida and promised us to give possession by the ending month December 2016 when he was dealing with us but when he made agreement he wrote possession date from December to May with grace period of 3 months but flat condition is still horrible and now he is saying us to take refund of 2.5 lac and 2.5 lac has been deducted from ur money

Answers (4)


136 votes

Dear Sir,
Based on the agreement signed by you, you can approach the consumer court for the redressal of issues. Does your agreement also cover the specifications of the flat. If yes, and the specifications do not match with what is written in the agreement, you can go to Consumer Court. Please show your documents to a lawyer before going to the Court and take his or her advise.


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312 votes

Fiirst of all you have to decide whether you want to take refund of your money or take the flat irrespective of its condition.In. both the cases you are required to send a legal notice to builder asking him about reason of cancellation and seeking refund of your full advance money or asking him to give the flat after doing works agreed upon as per agreement on making payment of balance of cost price and registration charges etc.In case of reply of any favourable solution is received ,that will solve your problem ,otherwise for both the eventualities ,you are supposed to file a consumer Complaint in the State Commission ,as value of your booked property is more than Rs 20 Lakh. In consumer Forum ,it is time consuming process and therefore after making up your mind as to what do you want ,you can first speak to builder orally and if no solution. is arrived at, take steps to get the legal notice sent asking him to do the needful in 15 days and on. Inaction at his end,you can proceed with filing a complaint in Consumer Forum in. State Commission .TIn the agreement you can check for what reasons builder could cancell your booking and whether it is mentioned that on cancellation by him or by you ,half of advance amount paid by you will be deducted by him.The complaint can be filed within two years of intimation of cancellation received by you .

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Hi, you can file complaint case against the builder in respect of your flat before the district consumer redressal.
Secondly you can also file suit for recovery in civil çourt with damages along with interest of principal amount.

262 votes

Hello, first of all, did you sign any agreement pertaining to refund of the booking amount? if yes, then was there any clause pertaining to deductions or not? as far as delivery is concerned, I would need to see the original documents and agreements made between you and the builder, If there is a breach of promise or any undertaking, you can approach the consumer forum as well as the local authority at Noida dealing with such matters, Kindly look into the agreement for refund details, procedure etc.

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 Consumer Court Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

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