Legal action against builder to recover money paid to him
10-Jan-2023 (In Consumer Court Law)
I brought a flat in Samethana Lakefront Apartments and completed the sale agreement in May 2015. I got the possession and NOC for the same in August 2015. But the builder is unable to complete the registration due to some technical issues with the Pachayat(Flat is in Samethanahalli Panchayath, near Whitefield Bangalore). I paid the entire amount of property value to the builder already(31.75 lakhs). Now my entire money is blocked as I can't sell it due to the issues. I tried rectifying the technical issue at Panchayath and it went in vain. What legal action can be taken against the builder to get my money back.
What are the technical issues with Panchayath ? It appears you are living in that flat you bought and then you may be asked to pay property tax. If you want to get your money back, you have to file case against builder, but is he still available ?
You can approach the court and pray the court to either pass judgement directing the builder to return the money paid by you together with interest or to rectify the technical issues with the panchayat and handover the flat without any encumbrances .
Issue legal notice to the builder to execute the regd., sale deed by giving him 15 days time. It is his duty to solve if there is any problem like panchayat or any other disputes. It is better to issue legal notice to him calling him for execution of regd., sale deed in your favour.
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