Arvind Verma (SSE) 25 July 2012

Refund of advance paid towards flat booking in bangalore

Dear Legal Experts ,

I had booked a Flat in under construaction buiding in October 2011 in Bangalore. At that time builder told me that Loan is approved from major banks and there is no issue with Property documents. I paid 6.5 lakh as advance amount on 15 Oct 2011 and signed a sale agreement on a e-stamp paper. But in next 2 months builder was not able to process my loan in any bank due to some technical/legal issue. After seeing that Loan is not going to be processed, I asked builder to refund my advance amount on 25 december 2011. After continuous follow up, he gave me interest of Rs 26,000 on 10th Feburary and Rs 1 lakh on 27th March 2012. But after that he is not attending my phones regularly and delaying the payment saying that wait for 10-15 days. Everytime he will say that he is waiting for some money to come.

I want to know what are legal options I have. Should I wait more or should I file a case against him. What will be expenses involved if I file a case against him. Please adviseme as I am stuck with this builder for 9 months now and I want to get out of this mess.

Thanks and Regards,

Arvind V

Reply Follow

5 Replies

Ajit Singh Cheema (practising Advocate) 26 July 2012

Instead of getting perturbed and disturbed put the ball in the court of the builder, the culprit.Serve a Notice /Legal Notice on the builder , detailing therein the harrassment /mental tension and mental agony being suffered by you at his hands ,also detailing the loss being suffered by you on account non availability of loan / Flat. Advise the builder for making payment of funds alongwith up to date interest and compensation. Donot fail to inform him to next time meet in the consumer court.Please note that the consumer court may be the cheap ,comparatively fast and best option.

1 Like

Arvind Verma (SSE) 26 July 2012

Mr Ajit, Thanks for the reply and suggestion. I really appreciate it.

Can you tell me the steps I need to follow.

I suppose I need to first contact one good lawyer for filling case and then approach Consumer court in Bangalore.

Let me know if you know any good lawyer in Bangalore who can help meout in filling this case.

Thanks,

Arvind.

Arvind Verma (SSE) 13 September 2013

Thanks Legal experts for your advice earlier.

I fought the case in district consumer court, Bnagalore and won it on June 2013. Court has issued Order asking builder to pay the full amount plus 12% interest and Rs 20,000 as legal fees. But builder has not paid till now. My lawyer is saying that we need to file for prosecution in court against builder.

Can someone advice how to proceed further and get money back from builder.

Thanks in advance.

kotaruraghu (advocate) 14 September 2013

as you have already won a case and the next step to follow is to immediately file an execution petition to execute the consumer court order by attaching the property of the builder or getting warrant agaisnt the builder