Refund of flat advance due to abnormal delay in starting of work
3 years ago
Sir, I booked a 3BHK flat in a gated community project Summit-696, comprising 4 towers, by Siddhi Infracon Vizag Pvt. Ltd, Visakhapatnam, A.P duly paying Rs.4.00 Lakhs in cheques during Jan 2016. The builder encased the cheques immediately. He has given a receipt on company letterhead, mentioning the flat No. in 2nd tower and sft rate, with a promise to complete in 5 years all the 4 towers. Since the project was struck in the 1st tower itself, with not taking up the 2nd tower, I asked for refund in 2018. He promised to refund the advance and asked to send a mail in that regard. I did the same. There after he stopped communicating with me, not attending to my calls. As the construction didn't take place on 2nd tower, I again met him 1 month back and asked for refund. He promise the refund in a week. But he didn't keep his word. I understand the project is doomed, with not even registered with RERA. What options do I have now? Please advice. Thank you.
You may claim refund along with compensation either in RERA or in Consumer Court.
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Jagannath S Pawar
Responded 3 years ago
Adv. Anushka Dikshit
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
As per the facts stated by you, You can visit consumer forum and can file a case under section-2(1)(c) i.e. deficiency in service as per the latest ruling by the National Consumer Dispute Redressal Commission.
You can issue a legal notice to the developer/ builder and go through all the documents you have exchanged with the builder.
You can also file a case with the Consumer Forum.
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