REFUND OF PAYMENTS FROM DEVELOPER AFTER CANCELLATION OF LAND PURCHASE
6 months ago
HOW TO GET REFUND OF 3 LAKH FROM DEVELOPER AS THE DEED FOR PURCHASE OF LAND CANCELLED
A.Dear Client,
Unless a clause for a time-bound refund of booking money or part of consideration money on cancellation of the Agreement of Sale and in compliance with the said terms of AOS you raised your claim for a refund of booking money to the Developer, then for breach of contract you may file a complaint against the Builder or Developer for deficiency in service and unfair trade practice before the Dist. Consumer Commission under the Consumer Protection Act, 2019 claiming refund of money along with compensation for harassment. You may also file a civil suit against the Developer for specific performance before the Civil Court praying for an order for refund in terms of AOS. Sometimes, a clause of conditional refund of booking money or part payment of consideration money on different stages of construction or payment schedule after deduction of a part or ratio from the refundable money to Buyer on cancellation of deal is mentioned in the AOS. Based on that condition, you can also escalate your demand or complaint either before the Developer and on denial, you can approach the consumer forum or Civil Court accordingly. Further, in case the housing project is approved by RERA, then you may escalate your grievance before the said Authority. The complaint needs to be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date of denial of refund by the Developer. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time.
Unless a clause for a time-bound refund of booking money or part of consideration money on cancellation of the Agreement of Sale and in compliance with the said terms of AOS you raised your claim for a refund of booking money to the Developer, then for breach of contract you may file a complaint against the Builder or Developer for deficiency in service and unfair trade practice before the Dist. Consumer Commission under the Consumer Protection Act, 2019 claiming refund of money along with compensation for harassment. You may also file a civil suit against the Developer for specific performance before the Civil Court praying for an order for refund in terms of AOS. Sometimes, a clause of conditional refund of booking money or part payment of consideration money on different stages of construction or payment schedule after deduction of a part or ratio from the refundable money to Buyer on cancellation of deal is mentioned in the AOS. Based on that condition, you can also escalate your demand or complaint either before the Developer and on denial, you can approach the consumer forum or Civil Court accordingly. Further, in case the housing project is approved by RERA, then you may escalate your grievance before the said Authority. The complaint needs to be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date of denial of refund by the Developer. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time.
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A.Dear Client,
Examine the sale agreement or contract you had with the developer. It should outline the terms and conditions for the purchase, including any provisions for a refund in the event of cancellation. Engage a lawyer who will draft a legal notice to the developer, formally demanding the refund. The notice should specify the grounds for the refund, the amount to be refunded, and a reasonable time frame for compliance. If the developer does not respond positively to the legal notice or refuses to refund the amount, file a complaint with the appropriate legal authority, such as the consumer forum or civil court. This should be done within the statutory limitations prescribed by law.
Examine the sale agreement or contract you had with the developer. It should outline the terms and conditions for the purchase, including any provisions for a refund in the event of cancellation. Engage a lawyer who will draft a legal notice to the developer, formally demanding the refund. The notice should specify the grounds for the refund, the amount to be refunded, and a reasonable time frame for compliance. If the developer does not respond positively to the legal notice or refuses to refund the amount, file a complaint with the appropriate legal authority, such as the consumer forum or civil court. This should be done within the statutory limitations prescribed by law.
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