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Filing Rera Case for refund of my booking amount from Builder
9 months ago
I had booked a flat in Panvel with Builders by paying a booking amount of Rs. 50000, completion date given was 2023 , however the project has still not started and builder is not refunding my booking amount citing reason of Covid and that he has no funds right now. I wish to file case with Rera for getting refund. There is no agreement, but i have bank statement and receipt from the Builder for booking amount paid. Do i stand a chance to win the case?
A.Dear client,
you have the right to complain to the Consumer Court about the Builder's poor service and ask for a full refund of your reservation fee as well as restitution for any harassment you may have experienced.
you have the right to complain to the Consumer Court about the Builder's poor service and ask for a full refund of your reservation fee as well as restitution for any harassment you may have experienced.
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Mithun Nakhawa
Replied 9 months ago
Thanks for the reply.
A.Dear Client,
If the housing project where you booked your flat is registered under RERA, then for default or for deficiency in service you can make a complaint against the Builder before the RERA. It is a lapse on your part to book a flat by advancing booking money in the absence of an Agreement to Sale. Only on the basis of a receipt of booking money from the Builder and Bank Statement, you even cannot file a suit before Civil Court against the Builder for specific performance in the absence of an Agreement to Sale. However, even if the housing project is not registered under RERA, you can file a complaint before the Authority but in the absence of a vital document(AOS), it may be a difficult task to get appropriate relief. You can also file a complaint against the Builder for deficiency in service before the Consumer Court claiming a refund of the entire booking amount along with payment of compensation for harassment. Reach out to an Advocate for guidance and steps.
If the housing project where you booked your flat is registered under RERA, then for default or for deficiency in service you can make a complaint against the Builder before the RERA. It is a lapse on your part to book a flat by advancing booking money in the absence of an Agreement to Sale. Only on the basis of a receipt of booking money from the Builder and Bank Statement, you even cannot file a suit before Civil Court against the Builder for specific performance in the absence of an Agreement to Sale. However, even if the housing project is not registered under RERA, you can file a complaint before the Authority but in the absence of a vital document(AOS), it may be a difficult task to get appropriate relief. You can also file a complaint against the Builder for deficiency in service before the Consumer Court claiming a refund of the entire booking amount along with payment of compensation for harassment. Reach out to an Advocate for guidance and steps.
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