Lata Kandekar Lata Kandekar

2 years ago

I booked a flat at a project called Aangan at Dodamarg, Maharashtra for investment purposes. When making the booking I was clear with the sales team of GHD Infra that it is subject to sale of my Mumbai flat. I also made it clear that the third payment of 10% would be made on seeing the sample flat. In April 2021 they asked me for the 3rd instalment. On visiting the site there was no sample flat. I also was not able to sell my Mumbai flat so informed the builder that I would like my money refunded in full as promised. However they refused to refund my money & started getting nasty. Please advise the best way to go. Also if a notice needs to be served how much would it cost.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may get issue a legal notice and threaten to approach Consumer Court as builder failed to oblige the terms and conditions. You are not supposed to wait for unlimited time since the construction was not at all started.

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Anik

Responded 2 years ago

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A.Hello
If the builder is not acting as per the terms and conditions of agreement you could file a civil suit for the same. Also the government has provided RERA Act for issues related to real estate. Under that Act you could file a complaint against the builder and seek compensation.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
To deal with the such issues the government had made a seperate body where you could file a case against such actions of the Builder.
You could approach the RERA court of Mumbai and file a complaint against the builder and ask for refund.
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Tanmoy Chattopadhyay

Responded 2 years ago

A.Yes serve a legal notice upon the builder and then you can file a money or commercial suit if the agreement is registered. In case it is not registered then you can simply proceed with a money suit. The cost of notice would be dependent on the lawyer whom you will engage. I usually charge Rs. 2500 for a legal notice.
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