Filing case against builder

Pallavi (Querist) 05 June 2015 This query is : Resolved
Hello,
I need help upon following matter;

Me n my brother have booked 2 BHK flat in Pune. We had given builder Rd 11 lakes. Rs 5 lakh as advance through cheque, Rs. 3 lakhs in cash towords construction charges and Rs 3 lakh through net banking towards stamp duty.

We were about to enter into agreement with builder. We found certain suspicious points in agreement. Builder is reserving right on construction even after society formation. For this reason we wish to cancel the booking and recover paid amount to avoid future loss.
We had conveyed builder our intention of cancellation of our booking during meeting. We have told him that we are cancelling booking due to financial problems although we know his nuisance.
He is refusing to cancel our booking and refund of money.

Can I file a case in consumer court against builder?
How shall I proceed with complaint?
Will I be able to recover my money? On what ground I have to file case?
Do I have to take police action?

Please advise

Pallavi
8956984541

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MANOJ HARIT (Expert) 06 June 2015
1. Yes u can file a complaint agnst the builder.

2. First issue a legal notice.

3. U will be able to recover u r money with interest.

4. File a case on the very ground that made u cancel the booking.

5. As of now - No.

Pallavi (Querist) 06 June 2015
Thank u Mr Manoj for your inputs

Rajendra K Goyal (Expert) 06 June 2015
Can I file a case in consumer court against builder?
-- Yes you can.
How shall I proceed with complaint?
-- Consult local lawyer.
Will I be able to recover my money? On what ground I have to file case?

-- Yes you can subject to case proved in forum.
Do I have to take police action?
- No need at present.