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Collection of maintenance by builder

(Querist) 27 October 2018 This query is : Resolved 
as i purchased a new flat from builder, he collected from me possession charges of 158000/- which included advance maintenance charges of 95000/- before giving the possession to me. the builder said that he will hand over the amount to society when society is formed and account is settled. but later when i came to stay at the flat i came to know that society was formed before giving possession to me and only account settlement with builder is remaining due to some disagreement over amount between society and builder. after one year of me getting the possession the account was settled between society and builder but amount against my flat showed negative balance. i fought out with builder to give refund of the 95000/- he took as maintenance charges and showed him all the proof of payment. after three months of constant emailing builder paid into my bank account 56000/-. now when i am asking to give my remaining 39000/- back he has stopped responding to my mail.

i want to know whether i can approach consumer court to get my 39000/- back?
Isaac Gabriel (Expert) 27 October 2018
Issue notice stating the facts and demand the balance amount.If not obliged file a suit for recovery.
Dr J C Vashista (Expert) 28 October 2018
Show all the relevant documents to a local prudent lawyer for better appreciation, analyses, guidance and proceeding in a professional manner.
I am practicing in Delhi/NCR if you are located and feel, may contact me (on appointment) with relevant case file, at:
Chamber No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com Cell # 9891152939


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