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No refund from builder for cancellation of flat


13-Apr-2023 (In Property Law)

In the year 2011 I paid Rs.8.5 lakh as advance for a flat of Builder in Kochi. I dropped the plan because of my financial difficulties. The builder sold the flat to another customer. For last 4 years I am asking for the refund of my payments. The original documents demanded by the builder to prepare for refund. and so far no payments received and the original documents are with the builder. By contacting by telephone. the reply is next week- month- and so on for 4 years. How can I get the money from the builder? Can you help me?

Answers (2)

Answer #1
691 votes
What are the documents you are having? Has the payment of advance been acknowledged and terms of the contract duly signed? The legal element is simple and straightforward: the builder is entitled for unearned profit because of this incomplete transaction. He needs to return the advance less the reasonable allowances against his expenses or loss, if any. You can approach a competent judicial forum.
Answer #2
854 votes
First upon send a legal notice to your builder demanding to pay back the money of Rs. 8.5 lakh..Naturally they will give you the reply. If the reply is against you file a suit before the civil court where you stay provided you must have documentary evidence to prove the case.... I hope you are able to get the money back..go forward.

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