Builder is not refunding back my advance payment
4 years ago
I had booked a flat by paying a certain amount in April 2019 for purchasing a flat basis fund will be raised by selling out my old flat. A MOU was signed between builder and me stating details of transaction. In the same builder had put a clause that booking will be cancelled if entire amount of flat is not paid by July 31,2019. My old flat could not sold out during this period and hence I asked them to refund back my booking amount as am in urgent need of the same for my daughter's master study in abroad but builder is saying amount will be paid only if their earmarked flat is sold out. Pls adv
A.Dear Sir,
You just get issue a legal notice and file a suit or approach consumer forum.
You just get issue a legal notice and file a suit or approach consumer forum.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 4 years ago
A.File complaint against them to the rera department
Helpful
Helpful
Share
A.Without detail discussion and without review of MOU proper consult is not possible.
Helpful
Helpful
Share
Sanjay Kumar Jha
Responded 4 years ago
A.Dear Client,
As you stated here that you could not meet the time schedule for the final purchase amount , whereas , you have entered with seller a MOU for such pay.ent time frame, hence if there must be provisions regarding forfeiting the advance/ booking amount or if any other may be which you must be knowing better. Therefore, that MOU would stand accordingly for your claim or defeating such claim. If there are no any claim provisions , then you must issue a notice to get refund and also you may file a case in consumer court or civil court.
Thanks
As you stated here that you could not meet the time schedule for the final purchase amount , whereas , you have entered with seller a MOU for such pay.ent time frame, hence if there must be provisions regarding forfeiting the advance/ booking amount or if any other may be which you must be knowing better. Therefore, that MOU would stand accordingly for your claim or defeating such claim. If there are no any claim provisions , then you must issue a notice to get refund and also you may file a case in consumer court or civil court.
Thanks
Helpful
Helpful
Share
Read Related Answers
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Right over mother's ancestral property
Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location