Construction on hold builder not refunding money

Software Professional

Hello Experts,

I booked a property in Bhiwandi, Paye gaon on which i paid down payment and monthly installments till last year. 43% of the amount is paid. Was purchased 3 years back and possession was mid last year.

Till now no construction has been started on it and so I am simply asking for cancellation and refund as I feel the project will take more 3/4 years to complete, he also offered another completing flat but the project is simply not moving right now. The builder simply denying for cancellation saying "its not possible the situation is very bad as no money coming in". Also when I asked to atleast pay the difference amount keeping the down payment with him he is taking too much time and trying to avoid any communication.

Its has become very painful chasing him now as he ignores calls and keep shifting the dates for partial payment too. He is not saying no for repayment but simply have kept waiting for one year now.

Really want to take out my money back from him as I really need it at the moment.

Please help how can I take this peacefully ahead without fighting for my own money. I have all the payment receipts with me.

Thank you in advance.

 

 
Reply   
 

Hello Prashat,

Unfortunately, you cannot get your money back though peaceful means like mediation. You will have to fight for your right. In your case, you will have to file a complaint before the consumer forum because you are a consumer under the consumer protection Act, 1986. There has to be an enactment in Maharashtra which regulates the activities of builders and apartment rules, like in UP we have UP Apartment Act, 2010. You can go through that Act and find out what all rules are being flouted by the builder. For example, in Uttar Pradesh, possession of the apartment is to be givin within two years of signing of the builder buyer agreement. There must be a maximum time period in Maharashtra too. You have a good case i believe. All you need to do now is draft your complaint carefully. 

I could have helped more if I were from your state, but I am from Uttar Pradesh and have no idea about laws of Maharashtra. (Housing is State subject, every state has different set of laws)

Good Luck friend!


Total likes : 1 times

 
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Software Professional

Hello Shashank,

Thank you very much for the insights. Will definightly look for the act you have mentioned.

That was really helpful. Thanks again.

 
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I have invested in two fully furnished villas each in the name of self and wife in 2010 after selling our house, other items and savings on the condition that the builder would pay monthly rent of certain amount on full payment. As per the contract, the builder was supposed to complete it in 11 months time and rent agreements also signed to that effect. The builder was operating under a trust formed. The modus operandi was using celebrities and colourful advertisements through various medias.

Builder had paid 6 months rent with great difficulty and further stopped releasing rent payment. Lots of mails, messages and personal visits also did not have any positive effect on the builder. There were lots approvals needed from various authorities also seems to be not taken due to which frequent stop memos were issued at different stages of constructions whenever some of them complained.  Many of the people filed FIR including myself and case is going on in various courts. Some of them also filed IP and around 140 people also joined the petitions in the sub court for the past three tears without much progress.

Can one /more person who imp-leaded in the IP,  file case in the consumer court (NCDRC) if the amount paid and the rent O/s etc more than a crore?. There were difference of  opinion from lawyers for & against. Expert opinion sought. Also need a good advocate to take up the case urgently.

 
Reply   
 

Mr.Shashank,
To  Mr.Prashat's   complain  ' Construction on hold builder not refunding money'
you have replied  him    to file a complaint before the consumer forum 

filing in consumer form is utter waste 

my friend's case being dragged for 4 years
in the Bangalore consumer court... from 2013 to 2017

the builder did not tell the reason  for delayed  construction of the house
the judge in each hearing don't any action against the builder
simply postpones the dates indirectly  favouring  the builder
  
Consumers Time, Money & Energy 
only wasted  neither the court's, lawyer's nor the
opposite party's

 
Reply   
 

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

 
Reply   
 

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

 
Reply   
 

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