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Refund against cancellation

(Querist) 03 September 2015 This query is : Resolved 
I had booked a flat in Noida Extension in 2012 by paying an initial booking amount of 10% of the cost on CLP basis.At the time of booking I was told that I shall be getting demand letter for the payment by mail and also by courier on the address provided in the booking form.
On the next day of the booking I flew abroad to my destination of work.
In two years time I was send an email and a registered mail regarding the change in the planed outlay of the project .Other than this no mail or courier was send to as a demand for the payment.
On my next visit to India in 2014, when I went to the builder to enquire regarding the project I was told that you have incurred an intrest of Rs 7.5 lakh for non payment of the due omount. When I confronted them by asking that why the demand of the payment was not send to me I was replied back It is not our duty to remind you of payment you should have made enquiries yourself.
I was shocked by the reply given to me and have decided to go to consumer court for getting my booking amount back with an intrest on it as the builder is refusing to give refund.
Will I be able to get by money back through consumer court.

Kappil Cchandna (Expert) 04 September 2015
Sir,

Initially send him a legal notice and claim your money back with interest and file a case of cheating against him.

Subsequently file a suit in consumer forum seeking the amount with high interest.

Warm Regards
Kapil Chandna Advocate
9899011450
ADV-JEEVAN PATIL, MUMBAI (Expert) 04 September 2015
If u r abroad but left your corresponding address with builder he must inform u of next installment and cannot flatly refuse for the same. If u are finding difficult in proceeding appropriately right to me jeevansci79@gmail.com; Contact: 9869400938. Do not give up.
P. Venu (Expert) 04 September 2015
You have a good case. However, it is better that you got the demand in writing.
Rajendra K Goyal (Expert) 04 September 2015
Agree with expert Kapil Chandna.


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