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Legal procedure to recover advance money from builder


23-Jan-2023 (In Recovery Law)
I have Booked a flat in 2015 and for the same I paid booking amount of 54000/- and builder had agreed to start the construction in August 2015 but there is no activity and when i asked builder about this and the representative told me that they haven't got any updates on the land and the permission are not still not received from the concern department, after that builder send me demand letter to paid 19% of the agreement value and also mentioned in Allotment letter that if I failed to pay then they will charge me 21% interest per annum, so i paid the same but even after that no response from builder. after several visits to the builder office i haven't got a proper answer. in last visit i come to know that they had changed the layout and the number of floors and also the amenities in the project, so i asked builder to cancel my allotment and refund the amount for which builder agreed but its been 2 months and i haven't received my refund. what next step to get my hardearned money.
Answers (3)

Answer #1
772 votes
1. Firstly , You should move consumer forum against that builder & seek refund of money .

2. Secondly , Send a proper Legal Notice For Recovery Of Refund .

3. Thirdly , Send a another Legal Notice subject " Notice To Builder For Delay in Construction .

4. Fourthly , Complaint against Builder for Cheating & Criminal Breach Of Trust & on that ground third notice send .

5. Cases before Consumer Forum from take 2 years to be disposed of .

6. Contact a Proper Lawyer .

7. If you satisfied with my answer , Please rating me on lawrato & Thanking You in Advance !

Answer #2
579 votes
You check whether builder is registered under RERA or not,
1. If yes, then make written complaint before RERA authority via online
2. If not, then make complaint before consumer forum regarding the same.
this are the option you can utilise but still you want to recover your money then make recovery suit before civil court of your jurisdiction.
Answer #3
520 votes
Please send a legal notice as soon as possible by appointing a advocate. Even if there is no reply from the Builder then you can file complaint with RERA or/and you can also file a Complaint with consumer Commission. Don't worry you will get back your money.

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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