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mariya joseph (GOVT EMPLOYEE)     04 September 2015

Non refund of advance payment

I CAME TO KNOW ABOUT THIS PROJECT BY A FRIEND AND VISITED THE PLACE PERSONALLY. IT IS A TOWNSHIP WHERE TWO PHASES WERE COMPLETED AND PEOPLE WERE RESIDING. AFTER ALL TYPES OF VERIFICATION I PAID THE AMOUNT.I HAD PAID AN ADVANCE OF RS. 248000.00 IN JUL 2012 FOR AN APARTMENT TO BE BUILT IN CHENNAI OMR ROAD AND WAS SUPPOSED TO BE HANDED OVER BY DEC 2013 WITH A GRACE PERIOD OF THREE MONTHS. AN AGREEMENT WAS ALSO MADE BETWEEN ME AND THE BUILDER. THE BUILDER IS MARG CONSTRUCTIONS. NOW 2015 IS ABOUT TO END NEITHER THEY HAVE STARTED THE CONSTRUCTION NOR THEY ARE REFUNDIND THE MONEY. WHEN ASKED ABOUT THE REFUND THEY ARE TELLING THAT THE COMPANY IS NOT HAVING SUFFICIENT FUND. I GAVE A WRITTTEN APPLICATION FOR CANCELLATION OF APARTMENT AND REFUND OF MONEY IN JAN 2014. THEY TOOK THE APPLICATION AND SAID WITHIN THREE MONTHS REFUND WILL BE DONE BUT NO ACTION WAS TAKEN AND SAME REPLY WAS GIVEN AS NON AVAILABILITY OF FUNDS. THEN I SENT LEGAL NOTICE TO THE COMPANY UT THAT WAS ALSO WENT IN VAIN.  WHEN I ASKED THEM ABOUT THE NOTICE THEY SAID SUCH NOTICES MEAN NOTHING TO THEM.  NOW I AM STRUCK.  I HAVE CONTACTED CONSUMER COURT ALSO BUT THEY SAID IT MAY TAKE TIME BUT THERE IS NO FIXED DURATION FOR RESOLVING THE CASE.  PLEASE HELP ME HOW TO GET THE MONEY BACK. 

 


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 2 Replies

saravanan s (legal advisor)     04 September 2015

look into the option of filing recovery suit on the builder to recover your money

adv.bharat @ PUNE (Lawyer)     27 April 2016

1) Sir u can contact local lawyer and gile suit for specific performance and recovery of origional amount.

2) U can also get the compenstion for the damages whichu have to  suffer due to false promise by builder.

Thanks 


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