Builder not returning money
3 years ago
I booked a house in under construction project In bhilai by Shri Balaji builders . It was independent house project . We did an agreement on 02-03-2020 for this I paid 4,31,000. After this lockdown was there so I couldn't visit Bhilai as work in Visakhapatnam . After flights train services normalised then I thought to move ahead with the process . But i was not getting reliable response from them . Then I decide to visit Bhilai . When I reached there I came to know that the Land has some issues and it has been sealed . Then I asked the agent of Builder then he accepted that some issues are there and they are trying to resolve . But earlier they told that some registry has been done , loans has been cleared in that project . Obviously those were lies of agent. I asked them to cancel my booking and return my 4,31,000 back . In November but after frequent follow-up the Builder has paid back 2 lakh . Now he has stopped picking my call and not replying my messages . What are the legal options I have . And what interest on my money I should claim from the Builder and since when . Since March or since I cancelled the property
You may approach Consumer Court or Civil Court.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a civil suit for money recovery if they refuse to respond to your legal notice to repay.
You can claim damages for breach of contract and in Consumer Court, according to the terms of your agreement with the builder.
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You can file a complaint against them for fraud and cheating under Sections 415 and 420 of the IPC. Serve them with legal notice to repay, and if they are unresponsive, file a civil money recovery suit against them. You can also claim damages for breach of contract and in Consumer Court.
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