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Delay in possession can I cancel my booking and demand my money back
09-May-2023 (In Property Law)
I booked a flat at 2006 and gave booking amount 300000 to builder. My payment plan is construction link plan 1st installment given in 2008 and last was 2013 when they send possesion letter but my flat is not completely ready so not deposited interest and stamp duty charges now they ask for holding charges interest on all of it. but till yet my flat is not ready. Now i do not want the flat and want my money back with interest. Can anybody suggest me what can i do?
Sir,
You surely can cancel and take your money back from them along with an interest for deficiency in services.
Warm Regards
Kapil Chandna Advocate
https://kapilchandnaadvocate.wordpress.com/
You surely can cancel and take your money back from them along with an interest for deficiency in services.
Warm Regards
Kapil Chandna Advocate
https://kapilchandnaadvocate.wordpress.com/
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Adv. Kapil Chandna
Delhi | 25+ Answers
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If you booked a flat, there must be an agreement under which all the terms and conditions are mentioned. We have to see the agreement in the light of civil procedure code then only I can suggest you anything. Generally if you cancel straightaway , they might return some money after deducting cancellation fees. So I can only suggest you that don't make any communication in writing regarding cancellation of your allotted flat. If you do so, they will show your letter in the court and it may be very difficult for you to claim whole amount with interest. You can file a case for recovery under O 37. For that purpose you must have all the relevant documents and payment receipts. Revert me if you have any other query. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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You can send him a legal notice claiming your money. Thereafter, suit for recovery will lie. You can also file a consumer complaint there is a clear cut defeciency on the part of the builder. And did you raise objections with the builder.
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Adv. Tushar Roy
Delhi | 25+ Answers
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We have to see the Builder-buyer agreement and the sub clauses involved in it. Thereafter based on the present developments of the flat you have a remedy under the concerned District Forum. Even though recent time the Builder is made more accountable and in many cases he is asked to pay for the unnecessary delay caused in very rare circumstances only you could get back your money. But what can be assured is hefty fine for the delay caused and the possession of the flat with the time bound manner is possible.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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Dear client first of all give them legal notice through Advocate. If they refund file a Case in consumer forum claiming back ur money with interest & cost of litigation for help in Case required u may contact me as I am looking after such matters in consumer court
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Adv. Avdesh Chaudhary
Noida | 200+ Answers
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