Refund of flat advance due to abnormal delay in starting of work 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.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
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

A.You can send him a Legal Notice and subsequently approach Consumer Forum concerned to demand your amount back with all the expenses and compensation. Regards
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Adv. Anushka Dikshit

Responded 3 years ago

A.This is a case of breach of specific performance of contract. You can file a suit in the court after giving them notice of the same praying for performance of contract or compensation due to abnormal delay in the work and personal loss due to the same.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Respected client,
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.
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Anik

Responded 3 years ago

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A.Respected client,
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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