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Handover of flat by builder prevented due to Payment Conflict


03-Sep-2023 (In Property Law)
Dear Sir, I had come for possession of my flat after the developer had scheduled for handover of my property. I had booked the flat initially in Dec 2013. I have made all the construction related payments to the developer. However, just 2 days before the handover, I was informed that they have made an incorrect double entry in their system and that I am short of the payment of RS 45,000.00 which is the booking amount made by me in Dec-2013. I made this payment in Dec 2013 through an exchange centre as I am an NRI. The developer also issued a receipt acknowledging receipt of the payment in feb-2014. However, they still refuse to accept that they received the payment and have refused to give me handover of my flat. I have travelled from a different country only to take possession of my flat. However, the developer refuses to give possession. How do I proceed?
Answers (2)

Answer #1
709 votes
As per your query:
You booked flat and payed all necessary amount which is scheduled now builder not giving possession to you.
1) send him legal notice through Advocate
2) if not replyed to said notice you can approach consumer court
3) you can also claim rent of said flat & your traveling allonces

For consultation you may contact me.

Thank you
Adv Sachin Kuptekar
Answer #2
958 votes
This is my response to you:
1. Send a formal letter along with a copy of the receipt stating that you have made the payment and they should clarify from their end;
2. Tell them that the confusion is from their end;
3. If they do not listen then send them a legal notice;
4. Ask your lawyer to speak to them;
5. If they do not listen then file a consumer case as a method of last resort.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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