Booking of plot cancelled but refund not made by the builder yet

731 votes

Dear Sir,

Your query can be answered by doing a legal scrutiny from the date of booking of the plot, need details of the builder, need to check the legal documents involved, need to meet the builder and discuss. Please feel free to contact me.

LawRato LawRato

601 votes

Your case read like this :
I cancelled the booking in Feb 2016. But builder is not returning my money back, saying that when they sell the plot which is assigned in the new plan (not accepted by me), they will return the money. If i haven't accepted the plot in new plan, which plot will they sell to return the money. They have given me 1 money receipt referring to plot number in old plan, another money receipt referring to the plot number in new plan. Pls suggest me what legal options i have to get my money back from the builder.
I can suggest only on a appointment.

Advocate S.K Prabhakar Shetty LawRato

888 votes

Now in in your problem, it clearly shows that there is delay in handing over the possession and also show that there is negligence on the part of the builder to repay the amount.

In your problem you are not clarified with the terms and conditions on which you entered the contract with the builder. In case is there is a specified clause with regard to completion or other you can file a case against them by invoking the terms of the contract were breached.

As you told you canceled the booking., then it is the obligation on the part of the builder to return back the amount you remitted.. Because he failed to perform his part of contract as he agreed.


here you have two option. On the agreement basis you can approach Civil Court for recovery of the amount for breach of contract.
or you can file the complaint in the Consumer Court for damages. Here you are treated as Consumer and The builder will be referred as Service Provider.

You can take legal action by the above said way.

Advocate M Lakshmikanth Arya LawRato

868 votes

Dear sir,
As per your query you can file a case before District Consumer Forum for deficiency in service by builder. in that complaint you can claim your capital or invested amount with interest and compensation for mental agony etc and litigation cost.

Advocate Shashikumar K LawRato