Cancellation and refund from builder due to delay in possesion
17-Jan-2023 (In Property Law)
I had purchased a 1 BHK flat in Ghaziabad which is not registered yet and in construction stage; the builder was told me to give possession within 36 months. I have taken home loan from bank for the 1BHK flat. But after 30 months there is not any sign of giving possession in another 36 months. So when I asked about possession of flat the builder given me proposal to shift in 2BHK flat in another building (which is also in construction stage) and promised to give possession within 1yr. So I signed some papers for shifting in 2 BHK, without knowledge of home loan given bank from builder side. But after 1 month I have decided not to shift and cancel the flat of 1BHK by seeing progression of the same building. For this I send mail and post a letter to builder, but they not replied since 10 months. But after 10 months they send demand letter for money. So what should I do for the cancellation of flat and refund of money however my home loan EMI is still going on?
You can file a complaint under Consumer Protection Act. Present all the related documents before court and claim refund of entire money as well as proportionately for the stress mental agony you suffered.
If your Loan amount is taken by builder from you then you can file complaint in Consumer forum against builder for possession and compensation.
And also file civil suit in Civil Court. But Suit may be more time consumption.
Therefore you may file complaint in Consumer forum.
And also file civil suit in Civil Court. But Suit may be more time consumption.
Therefore you may file complaint in Consumer forum.
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