Procedure for Cancellation of Plot and Refund from Builder

Hello, I had booked a Farm house plot near Pune in 2015 and paid token money of 225,000 to a developer in Accordingly they had issued allotment letter against the plot in my name. In 2017,they informed me by email that said plot of cancelled and they will refund me the amount by October 2017.As of now they didnt refund the amount.I wrote several emails and visited their office in person.But they dont want to meet or answer any mails or telephone calls. I have their plot allotment letter,receipt of payments,email regarding cancellation and intention to pay refund. pl advice me if I can go legally on this.Can I put the stay on the land allotted to me until they pay me my refund?? 

Answers (3)

217 votes

dear client as u have allotment letter and receipt of payment done to them, so u can ask for plot by filing suit for specific performance of contract against the developer in civil court or refund of payment with interest and in civil suit u can ask for stay also. for any legal help call me

adv kedar kulkarni

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223 votes

u can file complaint the in consumer court as well as civil court for specific performance of contract and if u want money back without land then recovery of amount but within limitation after sending notice file the matter

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Hi. You have two remedies. One is under criminal law. If the builder has collected booking money from various purchasers aggregating to Rs 3 crore and more then it constitutes an economic offence and you can make a criminal complaint against the builder with the Economic Offences Wing of the Police. If the amount collected by builder is less than 3 crore from various buyers then too you can pursue a criminal complaint against the builder with the Police. Simultaneously you can also file a suit for recovery of your money in the district court. If the project has been registered with RERA as an ongoing project then instead of civil court, you can file complaint with the RERA tribunal.

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