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How to get the refund from the builder under rera act


12-Jul-2023 (In Property Law)
I have purchased a commercial space in project at Sohna road. I have made 70-80 % of the payment to the builder. I have not yet signed the builder buyer agreement. Can I seek refund under the rera act in the absence of builder buyer agreement i have the allotment letter & a copy of unsigned builder buyer agreement with me The project is under construction . As per the terms of builder buyer agreement the builder was suppose to offer possession by feb 2018. But as mentioned i did not sign the agreement & as of now dont have any document other than unsigned agreement to substantiate my claim. Pls guide on the provisions of law under which I can get refund?
Answers (3)

Answer #1
916 votes
Hi,
You should seek suit for cancellation and recovery of money from the Hon'ble Civil Court.
You should further file a consumer complaint case.
For more information feel free to have a word with me.
All the best

Answer #2
988 votes
Yes, you can claim refund or possession of the commercial space on the basis of allotment letter. Further, you have made 70-80% payment against which the receipts must have been issued hence you are entitled to claim the amount.
You can file suit for recovery in civil court for recovery of the amount.
For further assistance you can contact me.
Answer #3
510 votes
Sir,
If you have any proof of payment made to the builder then you can file a case of refund of the amount which you paid to the builder. The unsigned agreement has no value in the eyes of the law.
S.K.Badhwar, Advocate

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