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Booked a flat now want to cancel builder not giving money back


12-Apr-2023 (In Property Law)

Dear Sir, I paid RS.15Lacs in CASH to SARE Ramprastha Reality on 31-03-2013 and also submitted Application Form containing many terms&conditions signed by me and expressed my interest to book a flat with them. SARE allotted me under construction flat immediately and also issued me payment receipts. I have not signed Agreement or any other Document so far. I have not paid any installment so far and in 2015, I demanded my Rs.15Lacs back from the company SARE. The company refused to pay me and says that construction is going on. How can I get Rs.15Lacs+interest from SARE Ramprastha as per LAW.

Answers (2)

Answer #1
869 votes
You can recover your amount of RS. 15 lacs with interest by instituting a case against him for the recovery of money. And for instituting a case you will have to approach a good advocate of the court where the cause of action has arisen and then that advocate will send a legal notice for the recovery. If the other party does not pay the amount within 7 days in spite of receiving notice then the advocate shall file a civil suit for recovery of your money under order 7 CPC. After filing the plaint, the proceedings shall commence against him.
Advocate Siddharth Gupta

Adv. Siddharth Gupta

LawRato Gurgaon | 100+ Answers
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Answer #2
986 votes
Since Builder Buyers agreement has not been signed, terms and conditions to your application form need to be seen for refund of money. In case you demand money back from builder you should have strong reasons on account of deficiency by Builder, and late construction and possession can be one of those grounds. IN case terms & conditions allow you refund then you may initiate legal action. For more details you may contact me
Advocate Vivek Nasa

Adv. Vivek Nasa

LawRatoGurgaon | 200+ Answers
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