Legal procedure to recover advance money from real estate firm


I paid a real estate firm total 9 lakhs as advance for booking a flat but now they are not refunding or giving any flat , so need to recover my paid amount. Plz advise which case can help me

Answers (2)


127 votes

Was there any Sale Agreement for the payment of said 9 lakhs? How much was total sale consideration? What is the reason for refund claim? Was there any breach of promise from the said Real Estate person?
Answers to the above question determines several options to resolve your concern. Depending upon the reasons for breach of contract and failure to repay, you can accordingly file a Recovery Case in Civil Court, Damages Case for deficiency of service in Consumer Court and Cheating Case in Criminal Court.


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96 votes

Hi

If you have entered in to an agreement with the firm, u can enforce the terms of the agreement by filing suit for recovery of money or u can also file suit for specific performance and demand the builder to execute the sale deed.
or in alternative
U can also file a complaint before the consumer forum alleging deficiency in service and seek refund of the advance with interest
If u want to put more pressure u can lodge a complaint against the firm for having committed offenses of Criminal breach of trust and cheating.

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