Online Money transfer to builder Online Money transfer to builder

7 months ago

I received OD amount from bank & same has been online transfer to builder for a FLAT but builder given the FLAT to another person on security not giving the possession nor returning amount even I am paying interest monthly on the giving amount.

Anik

Responded 7 months ago

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A.Dear client,
If you have transferred the OD amount from the bank to the builder for a flat, but the builder has given the flat to someone else and is not returning the amount, you have legal recourse.

Firstly, take the proof in hand showing the payment has been made.
Secondly, if there is any communication or an agreement that you have signed hen collect that as well.

Both can be used to get possession of the flat.

in another form of recourse, You can send a legal notice to the builder demanding the return of the amount and/or possession of the flat. The notice should clearly state the facts of the case, the amount involved, and the legal consequences if the builder fails to comply. You can consult with a lawyer to draft the notice and ensure that it complies with the applicable laws and regulations.

and if the builder refuses to comply with the legal notice, you can file a complaint with the police under the relevant sections of the Indian Penal Code, such as cheating, fraud, or breach of trust. You should provide all the relevant documents and evidence to support your case, such as the bank transfer receipt, the agreement with the builder, and any communication between you and the builder.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
In the given situation, if the flat is a registered project under RERA, then serve a legal notice to the Builder and file a complaint before the RERA against the Builder over alleged deficiency in service and unfair trade practice attaching the relevant documents including bank statement in support of online transfer of money. However, in case the project is not a registered project of RERA, then file a complaint before the Dist. Consumer Commission u/s.35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practice claiming cancellation of booking and refund of entire money paid to Builder along with compensation for harassment. The complaint should be filed within two years from the date of cause of action i.e, refusal by builder to refund your money.
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Vidhi Samaadhaan Vidhi Samaadhaan

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