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Booking of flat with a buijder/developer

(Querist) 11 August 2009 This query is : Resolved 
Hi learned colleagues,
My son who is singapore based booked a flat with Parsvanth builders a Delhi based co. with Br. office at Chg. and Project site at Panchkula(haryana)At Panchkula Royale during Oct 2008& paid Rs. 337000/ as initial deposit.
Terms & conditions of builder were that they will arrage 80% flat amount from tied up banks and rimburse the E.M.I. for thirty months by which time possession was to be given or the actual month of possession which ever is earlier but no tied up bank & also other bank approved the loan for the above purpose. Co. has taken huge loan from a bank who is not giving them the N.O.C. for the above purpose.AboveProjectis held up for the last one yr.and is not likely to be resumed in the near future.
We have been requesting the co.to refund the initial deposit via e-mail & telephonic calls International & domestic(Indian) but co. is not responding at all & now their chg. office incharge has bluntly refused while telephonic discussion with me on6th.8th & 10th of this month to refund the above amount& directed me to talk with their Delhi office where as amount was deposited in their Chg. office and correspondance was also made with this offic.
Pl. advise what should I do with this co.?.
K.K.Jandial
sanjeev murthy desai (Expert) 11 August 2009
Dear K. K. Jandial,

1. Send a Legal notice.

2. File a suit recovery of money suit.

sanjeev desai
PALNITKAR V.V. (Expert) 12 August 2009
It would be convenient to approach consumer forum.
Y V Vishweshwar Rao (Expert) 12 August 2009
As the Builder not complied with his part under the Agreemtn/proposal to constrcut & for Sale of Flat , there is defficiency on the part of the Buiulder/Developer and Consumer Dispute/CD can be filed

and

A suit can also be filed for return of the Amount (Morgine Money) with interest and damges !
k.k.jandial (Querist) 12 August 2009
Hi Learned colleagues,Pl condider the point of jurisdiction and advise as (A) My son is based at Singapore.(b) Iam resident of Amritsar (Pb.) (c)CO H.Q. is at Delhi & Br. Office At Chg. & Project Site is AT Panchkula ( Haryana)K.K.Jandial


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