Builder not allotting the flat on agreed cost and refused to refund.

929 votes

If the agreement was valid and subsisting then the builder is bound to give you the flat at the rate at which he had agreed to sell it to you, if he has already sold this flat to a third party and therefore is offering to refund the amount only paid by you, i.e., 10lacs, then this is not correct and he should ideally refund the entire advance amount together with interest @ 2% pm, If you wish to take another flat in this same project then also he is liable to give you the same at the very same rate that he had agreed to sell you the flat as per the agreement.
Options before you would be;
a) issue a legal notice demanding the above, give him 7-10 days time to reply or respond to these demands,
b) failing to hear from him, you can proceed to file the consumer complaint against him for the breach, and seek the above plus, damages, compensation and litigation costs from the builder.

Advocate Kiran N Murthy LawRato

674 votes

Dear Sir/Madam, you have every right to get your plot or taken back your booking advance amount along with interest, you have to issued a legal notice to the said builder for your claim, if the said builder is not comply the demand legal notice, thereafter you have to file petition before the district consumer forum for your relief. If you want my legal service I will do it.

Advocate Chandrashekhar Vithal Jadhav LawRato