Refund of Flat 10% payment
2 years ago
I booked a flat in apartment society from a reputed builder. I paid token money and then balance of 10% payment to start BBA signing process and also got loan sanction for 80% property cost in the month of Jan-21. After this, builder told that the unit is cancellation one and they are just finishing the legal formalities so that there is no issue for me going forward. This was Feb-21. Then they kept delaying it every 10-15 days saying that it will happen soon. By end of March, I told them they can keep token amount and give excess payment back so that booking remains reserved while my capital also gets free. They then said that they might take a very long time and hence let's cancel the deal and they will refund entire amount (no interest or loan sanction cost). This was 15th April. Since then, they have been delaying saying accountant had corona, MD had corona etc etc. Its over a month now and 5 months in total. My 5 lacs+ is stuck with them. I have the whatsapp chats, phone call recordings, receiving with stamp on photocopies of cheques, allotment stamp paper on BBA. I DONT HAVE THE BBA as it was not signed by them and they have both copies.
How should I proceed ahead with this? Is their any legal way out and will it be justifiable in terms of return as I don't want to spend more on legal process than I am going to get.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can try to settle the dispute amicably by raising the issue with the society and the builder, but this approach will hardly yield any result. Better to institute a legal case, by sending them a legal notice and approaching the consumer forum for seeking refund, compensation alongwith cost of litigation.
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First step would be to get issue solved by talking to society authority and builder but if still persists then get a legal notice drafted by the lawyer.
Try solving the dispute amicably by reaching out to society authorities and builder and explaining your situation. And if situation. If still persists draft a legal notice from an advocate and send it to builder.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
else file private complaint.
you can also file money recovery suit or consumer court.