Non receipt of refund for amount paid for purchase of flat

Zakir Ali Khan (Querist) 12 June 2017 This query is : Resolved
5 years ago i had booked flat in underconstruction building at Titvala and had paid part payment of Rs. 5.0 lakhs and also paid the stamp duty and registered the flat at Dombivli office

after some time the Builder had stopped work . The builder has ran away and his partners are there. Iam regularly calling them for refund of booking amount . Till date I have not received the refund

Please suggest legal remedy

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adv.bharat @ PUNE (Expert) 12 June 2017
You can give legal notice to builder for recovery of amount paid along with interest. If there is no reply you can recover that amount from builder by filing case in local court.

Rajkumar Tiwari (Expert) 12 June 2017
Send a legal notice through an advocate to the Builder, if the builder fails to comply with the legal notice within stipulated time mentioned in the legal notice, file a consumer case in the District Consumer Disputes Redressal Forum with the help of an advocate (You yourself can file the case, but it is advisable file with the help of an advocate).

Dr J C Vashista (Expert) 14 June 2017
Well advised by experts Mr. Bharat and Mr. Raj Kumar Tiwari, I agree.

After issuance of legal notice another legal option available to you is to file a suit for specific performance as well as criminal complaint for cheating and defrauding.