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Refund of amount paid to construction company for delay possession.
15-Feb-2023 (In Recovery Law)
Sir, 02 year back I had paid six lakh to a hagwood commercial pvt Ltd Nagpur to book a flat in pre-launch offer . But till date it is not launch. After that I applied for refund of my money 04 month back. But till date it is not refunded. So please advise me what to do.? can I ask for interest also for the said period.?
Hi. By what mode did you make the payment? Did the builder give you any allotment letter or any receipt acknowledging receipt of payment against flat booked? Since project is not yet launched, it's difficult to say whether it can be considered as an 'ongoing project' so that it can come under the ambit of RERA law. I suggest you nevertheless file a complaint with RERA saying that despite mandated by law, the builder has not registered the project and also demand refund of your money with interest since you intend to withdraw from the project. Simultaneously also lodge a police complaint against the builder and issue a legal notice to the builder. I hope you get remedy under RERA, otherwise the route of filing a suit for recovery of money will be long and time consuming and would incur costs, which defeats the purpose.
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Send a legal notice as soon as possible. Also ask them to pay the interest till date in the legal notice alongwith the amount paid. If they do not respond then you can file a case with consumer Commission.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Yes, you can recover your money along with interest by filling civil suit. You can also file a criminal case against the builder. Kindly let me know if you have done any paper work before paying 6 lakhs rupees. Also let me know by which mode have you paid the builder. For further detailed line of action and advice kindly book a consultancy call.
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