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Ehteshaam   06 September 2017

Flat booking cancellation and refund

Dear experts, I had booked a flat in soft launch in Mumbai and paid 5 lacs by net banking as booking amount in July 2016, builder gave the recipt for same mentioning as part payment for so and so flat located so and so address. He told to start work by sept 2016. Later i paid 2 lacs more as he said to soon. By jan 2017 there was no progress so i asked for the refund then he showed some other his site where work was started then he took 5 lacs more. As of today no progress and he keep telling some excuses regarding permission from municipal authorities, existing tenent issue extra. Now i have no trust on him and i want my 12lacs back, what is the procedure i should follow? I just have 3 recipts from builder and i paid 2 instalments by rtgs and 1 by cheque, both in favour of builder name. I asked for the agreement but he is not giving the same, i asked to register he is not agreeing to that also.Please provide your valuable advise as what should be done. Can i file police complaint againts him? Or consumer court, please help.


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 2 Replies

Raveena Kataria (Advocate )     07 September 2017

Hi, you can move to the consumer court for this. Before that, you would need to send a legal notice to your builder, claiming refund of the amounts paid by you along with interest and/or damages. If he/she doesn't respond to the notice within the prescribed time limit, you can move to the consumer court immediately. Make sure to attach copies of all receipts etc as proof along with your plaint.

Ehteshaam   08 September 2017

Can i approach RERA state authority for this case?

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