During the lockdown in July 2020, I and my wife as a co-applicant made a booking for a flat with a reputed builder in Pune. Our point was very clear since the beginning that my wife cannot go to the registration office until Covid is over because we have a 9 months old baby and we can not expose her to the outside environment. The sales person assured me to get me a notarized Power of Attorney at home for my wife in my name so that I can go and do the signature for both in the registration office. Based on that confirmation I made 5% payment immediately. But from the month of November 2020, they sent me intimation and pushing me to go for registration, but when I asked them about their assurance on the POA, they refusing and pushing to go to the registration office otherwise they will cancel. Mid January 2021, they had me sign a cancellation letter in which I mentioned above the fact that they failed to keep their commitment and so they are cancelling. But the builders didn't process cancellation till now and didn't give me refund even after my regular follow up and few weeks before they were asking me to do the registration and not cancell. So now I changed my mind and I told them that ok I will continue with the booking and do the agreement but now they are showing ego and not willing to do the registration, in fact they are now demanding a higher price for the same booking of my flat. Since January they stopped responding to my calls, messages and emails. Since cancellation is not processed and refund not sure when will I get my money back, I want to continue with booking and register the agreement, but now builder is not supporting. Please advise what to do?
A.Hi,
Complain to the police about cheating and fraud under Sections 415 and 420 IPC. You can recover your money by filing a civil money recover suit or approaching consumer Court. Alternatively, you could seek justice from the Real Estate Regulatory Authority.
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A.Hi,
Serve them with legal notice and then file a complaint for cheating and fraud under sections 415 and 420 IPC. You can recover your money with damages by filing a suit in consumer Court.
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Jagannath S Pawar
Responded 3 years ago
A.The some of builder fraternity always eager to search and utilize way to lengthen deal on one or the other pretext. Plz gather material and approach good Lawyer (obviously inclusive of us if u desire so) and send them a Legal Notice demanding registration of agreement with initial terms or face Legal consequences. Irrespective of reputation and status of builders the Courts are very strict about manipulating practices of builders and remedies towards the home buyers.nof course it involves time, money and efforts but inevitable sometimes. Regards
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Ashutosh Patel
Responded 3 years ago
A.You can approach to the Real Estate Regulatory authority with your grievances.You can ask for the return of your amount and also compensation under section 18 from the builder and he is liable to follow the provisions laid down in section 11(5) duties of the promoters and cannot cancel the registration against the sale agreement.You can also approach the consumer forum.Firstly higher a lawyer send him a legal notice after consulting a lawyer.Do rate me if advise found helpful.
Dear Sir,
You have to go through the rules and regulations of RERA Act and better contact any local advocate who is knowing local laws for getting effective legal advise.
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