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How can i get the refund of booking amount from builder


25-Nov-2023 (In Property Law)
hello, this is regarding the booking amount refund. we had booked a flat in J P nagar in October 2015 and had payed 16 lakhs as booking amount through cheques and i have the receipts for the same. just before signing the agreement some unforeseen incident (my fathers death) happened and we wanted to withdraw from the project. Same was conveyed to the builder, initially he agreed to give amount back . Now it has been more than 1 year and he has not given the money yet. recently we have come to know that he has sold the same flat to someone else. Now we are thinking of approaching the lawyer and would like to know what are the chances of winning the case.please help thanks vidhya
Answers (3)

Answer #1
615 votes
Vidhya in a situation like this, first and foremost you must issue a legal notice demanding the refund of Rs.16.00 lakhs back together with interest and damages from the builder, give him 7 days to comply with your demand. failing to comply with your demand, proceed to file this case before the District Consumer court, seeking cancellation of the agreement together with complete refund along with interest, compensation, damages and litigation costs from the builder.
In such cases, it usually takes about 7 to 8 months for disposal, rate of success is 99%.
Contact a lawyer who is well versed with such consumer matters.
Answer #2
730 votes
Though unfortunate, a number such cases are happening. Now the answer.
1. First of all, hire a lawyer immediately because any delay will only complicate the matters further.
2. A lawyer will be able to opine only after examination of all available papers.
3. Please do not get into any sort of compromise with builder without the advice of the lawyer after scrutiny of documents.
4. You have a fair chance of positive outcome depending of course upon the documentsame.
Anything beyond this can be said only after seeing the documents and personal clarificationservice.

Best of luck with a hope that you get your money back.
Answer #3
504 votes
Madam, you are having good case on merit, it will depend uponin terms of sale agreement or conveyance, before going to file the case for refund of your booking amount you have issue a legal notice for the same, if not refund thereafter to file the case before consumer court or civil court for the same, I will do it , kindly contact me.. by Chandrasekhar Vithal Jadhav Advocate Bangalore

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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