How to get Refund from Builder ?


Sir,

I booked of a 2BHK flat in project of a reputed builder in Faridabad. It is low rise project having Ground + 3 floors. A brief of the problem/issue is as follows:  
 
·   On 31/7/2008, I booked a 3rd floor flat at a Basic Sales Price (BSP) of Rs. 19.85 Lacs in the said project. In this project the BSP of ground/first/second floor flats is Rs. 22.85 Lacs whereas the BSP of third floor is Rs. 19.85 Lacs. Third floor also has terrace usage rights for which builder is charging PLC.
 
·   The application forbooking did not have any clause that the allotment will be through draw.   The BUILDER vide letter dated 18 Sept 2008 raised demand for completion of 20 % of BSP and stated that the company shall make allotment of flats through computerized draw of lots. The  BUILDER further stated that “in case number of applicants for any floor are more than the available flats on that floor, in that eventuality the applicant may not get allotted the flat on the floor opted by them then they may be allotted the flat on other floor, subject to availability”. 
 
·   The BUILDER vide letter dated 17 Dec 2008 informed me that company has allotted flat and asked to complete 30% BSP. Few days later, the BUILDER revised the demanded amount to higher value to. When contacted the BUILDER official told me verbally that I have been allotted with a ground floor flat having BSP higher by 3 Lacs.  
 
·   I did not accept the ground floor flat as allotted and requested the BUILDER to make allotment as per my application, and stopped making further payments due incorrect allotment and higher price.  I made numerous requests to the BUILDER for allotment as per my application and several time I met their officials but builder did not respond to any of my letter.   The BUILDER could not make allotment as per my application.
 
·   After more than one year of, due failure of builder to allot me flat as per my application, I informed the BUILDER of withdrawing my application for allotment and thereby canceling my booking.
 
Despite my repeated request the BUILDER could not allot flat according to my application for booking and now, the BUILDER is not refunding the amount I paid for the booking i.e. Rs. 4.0 Lakhs. May I request you to please advise me what legal or other remedies I have to get refund of my money from the BUILDER.  I haven’t signed any formal agreement, though, I signed application for allotment which contained tentative terms to be including in the agreement and they are one sided only.
 
Thanking you,
 
 
Suresh  Kumar
 
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Advocate

Suresh

Based on the letter dated 17-12-2008 and the copy of the application and receipts, send a legal notice, thereafter if he doesnot repond proceed legally to get the flat booked by you or the amount paid to him along with the interest. But the first step immediately after the notice is served is trying to get a stay order from the court to stop the builder from alienating the property viz. the flat alloted to you.

 
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