Builder not returning advance amount paid. he sold the house to another party
6 months ago
Hi There, I have a problem with builder who is not willing to pay me back the full advance amount that i paid to him that is 4lack 50 thousands instead he says that he will only give me 3 lacks. He drafted the agreement with overall estimation for land and house, in that he mentioned that he will be using RCC framed structure to build the house but he used load bearing structure to build the house instead. So i wasnt happy with that deviation in the agreement and also there was no plan of approval for building, so i didnt sign the agreement and told him that i am not willing to buy as he appeared to be not so trustworthy. But i have already made 4lack 50 thousand payments (2.5 lack online transaction to his account, 2 lack cash). Its been more than 10 months since i paid him this much amount. He said that he will return my advance once he find another party to buy a house so i patiently waited this long. In the meantime i came to know from one of my network that builder already sold the house to another party. I have also confirmed it by getting the latest EC certificate. So i asked the builder to return my amount but he is threatening me to accept what he is ready to give ( 3 laks only ) and settle this. I am feeling cheated and down due to this mental pressure of not being able to get my money. Can you please suggest what options i have to get my money legally ? Thanks.
When the Promoter/Builder fails to provide the assured materials of construction or amenities as stipulated in the Agreement to Sale, if the housing project is registered under RERA, then you can lodge a complaint against the Promoter before the RERA or else after serving a legal notice to the Builder, you can file a Complaint against the Builder before the Dist Consumer Commission under Consumer Protection Act, 2019 for deficiency in service and unfair trade practice claiming the entire earnest money or advance paid against the deal along with compensation for harassment. The complaint must be filed within two years from the date of cause of action, that is, denial by the builder to refund your advance. Reach out to an Advocate for guidance and steps.
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