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Did you faced issue dealing with property builder??

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Author Topic: Refund from Builder after Booking Cancellation!!  (Read 1152 times)

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Offline junaid.khan.007

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Refund from Builder after Booking Cancellation!!
« on: January 05, 2016, 10:45:34 AM »

I booked a flat in Sept 2012 in Noida extension by paying 10% in cash and next 10% in Nov 2012 by cheque. Got letter from builder that construction got halted (due to common farmer dispute) and never got any communication after that. When I enquired I found that booking got cancelled due to non payment, whereas I never got any communication from builder.

I do not have any receipt  or documentation other than initial welcome letters and letters for requesting 2nd instalment.

As per my records I paid 6+ lakhs but in thier records employees of builder reconfirmed my details of initial 2 payments total of 5+lakhs, but never gave me any written document for the same.

Whenever I requested for refund their employees says as per company policy we are not processing any refunds for now.

But with an exception in last 4 months employees from builder team have contacted me and wanted me to use that amount to book in fresh project.

I wanted refund, although I have done plenty of mistakes.... Can any of you among the law experts help me out and suggest what should I do ??

I am due to meet builder nominated employee this week. I wanted to take actions based on you legal experts this time!!!!
We shall overcome someday!!!

Offline adv.amarnath

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Re: Refund from Builder after Booking Cancellation!!
« Reply #1 on: January 06, 2016, 12:53:25 PM »
Your dispute has reached into maturity stage. So, you have to send a letter to the developer via registered post asking him to refund the entire money with 18% interest to you within 10 days  with compensation of Rs.100000/-. After that you can file a compliant case before consumer forum.

For further clarification and consultation in details you can contact me

Amarnath Sanyal
Email -
Mob - 09830303322

Offline junaid.khan.007

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Re: Refund from Builder after Booking Cancellation!!
« Reply #2 on: January 08, 2016, 11:13:08 PM »

Thanks for your positive response and advice. I will give you a call to discuss further.

Have few follow-up queries though where law experts like you can help:
- Should I accept any in-person meetings with builder's representatives (employees)
   - if yes, should I make a verbal request to them for refund to get their recent response
- So far I have never send any official letter or request to them requesting for refund as I didn't had receipt of 2 instalments paid. Should I try to seek some kind of documentation from them of the payments to strengthen my case, before I send them a legal notice??

Eagerly awaiting an expert legal opinion!!!

With Warm Regards,
+91 8447714839
We shall overcome someday!!!

Offline Advocate M.Bhadra

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Re: Refund from Builder after Booking Cancellation!!
« Reply #3 on: January 09, 2016, 05:21:26 AM »
File a case in District Consumer Forum to claim your booking amount with interest and also compensation for mental agony/harassment and litigation cost.

M.Bhadra,advocate at Kolkata,9836589246


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