Refund of advance money paid for apartment
2 years ago
For buying a newly-built flat in a multistoried building, the developer (family partnership firm set up and built on their family land) took Rs 50,000/- cheque as advance before giving any document or draft agreement. He had said that the whole amount would be refunded immediately if I decide otherwise and won't sign sale agreement. Total consideration was decided at Rs 27,50,000/-. Subsequently, after realisation of my advance money, when the draft agreement of sale was given to me, some terms and conditions (on payment, access to common areas, area calculation etc.) written in it was against me and I requested to revise those clauses. They did not agree and finally they expressed their desire to go with other prospective purchasers and asked me to return the documents, which I complied. I sent them WhatsApp messages and informed over telephone about my no-objection to selling it to others. Initially, they sought one week's time to finalise with the new purchaser and then pay me but later they are not answering my calls nor replying to my messages or telling me to contact other family members. Two weeks have passed now but I have not received the refund nor any response. What to do?
We did not sign the sale agreement. I have the payment receipt.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since the builder is not refunding the advance money, you need to first send him a legal notice demanding immediate repayment of the money, if they do not comply institute a suit for recovery of money from the builder.
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You need to file a suit for recovery of money from the builder in a civil court. Before that send a legal notice to the builder demanding immediate repayment of money and if he doesn't comply then proceed with the suit.
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