Please Help
Gaurav
(Querist) 05 August 2011
This query is : Resolved
Dear Experts,
I had booked a flat with one on the reputed builder in 2009 in Faridabad (directly with Company) on a understanding with the builder that it should have bank finance.
After 9 months we received a letter from the builder for further payment to which we approached builder that we had clearly mentioned that we would be going ahead only when we have bank finance.
After a year bank was not financing hence we requested for refund.
After lot of exchange of communication we were told to apply for refund with complete documentation. When I approached them I was told that there has been change in policy hence no transfer can be done therefore you can only get this booking amount transferred to someone who has booking with us & u can claim your money from the tranferee (whose account it would be transferred). After running around for almost 3-4 months I came across my friend who has booking in the same property.
When I approached the concerned lady that finally I have got a person in whose account the money can be transfered they agin came up with excuse that since the policy of company has changed hence you will have to apply for refund.
Now this entire thing has taken more than 2 yers & I am running after the builder for refund of my money.
Can anyone suggest as how can I get my money back?
Your early response would be highly appreciated.
Regards,
Gaurav
ajay sethi
(Expert) 05 August 2011
1)you have not mentioned whether payment was made by cash or cheque
2) whether when payment was made any acknowledgement was given by the builder
3) whether any agreement was executed?
4) if so did it mention that in case of non payment of balance amount earnest money would be forfeited ?
5) correspondence if any exchanged with the builder .?
6) whether builder has in writing agreed to refund the money
prabhakar singh
(Expert) 05 August 2011
Engage a lawyer and file a case in consumer forum.
Gaurav
(Querist) 05 August 2011
Dear Mr. Sethi,
1. Payment was made by cheque drawn at ICICI Bank.
2. Yes I have a reciept of the payment made from the builder.
3. Yes the agreement was executed.
4. I do not think so. Needs to be checked.
5. All correspondence has been done thru e- mail.
6. Yes it has been mentioned in the mail that amount would be refunded.
ajay sethi
(Expert) 05 August 2011
in case builder has agreed to refund your amount then builder cannot forfeit the amount . builder is bound to refund money to you . issue legal notice to him calling upon him to refund money within 15 days with interest .
you can file complaint in the consumer forum for deficiency in service against the builder
Gaurav
(Querist) 05 August 2011
Hi Ajay,
Could I have ur email id so that I can share the entire correspondence.
Regards,
Gaurav
M/s. Y-not legal services
(Expert) 06 August 2011
yes mr.gaurav you have good case for succeed.. just follow mr.ajay's words..
a.manoharan
(Expert) 07 August 2011
without going through all records , it si very difficult to advise you. But, one thing. whatever the case reg. to money matters , the limitation period is 3 years. so, hence consult immediately with lawyer and for filing a case in consumer forum is 2 years. yours is on 2009. do not forget that. act fast
