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Ranjeet Patil   08 April 2024

Non receipt of surrender value of flat from builder

Flat was booked in Project at Noida in 2017.

After paying 50% of amount, I surrendered the flat to Builder.  I  returned them Original Builder Buyer Agreement ( At Noida BBA are not registered, they are signed by both parties with one original with Builder and the other with buyer). The surrender value was then mentioned in a MOU . The MOU signed in 2019 untill now Builder not refund the surrender value.

In this situation what legal option I should opt for 

1. RERA ?  ( I don't qualify as allotte) since flat is surrendered.

2. Consumer court.

3 .Any other legal method or way. 


 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 April 2024

You can file a case against the builder in consumer forum.

1 Like

T. Kalaiselvan, Advocate (Advocate)     08 April 2024

If you have evidence for the money to be received from them you can file a money recovery suit in the civil court.

you have the option for approaching the consumer distress redressal commission too for remedy and relief 

1 Like

Ranjeet Patil   08 April 2024

Seniors please advice whether RERA is NOT the  way to go.  I mean  chances of getting claim rejected in RERA  are  high , if I rightly understand   ...

T. Kalaiselvan, Advocate (Advocate)     08 April 2024

Since you are not confident about a favorable decision by RERA then why do you insist on approaching them. 

If you are still in doubt then consult a lawyer in the local or someone from this forum directly and discuss on all such further issues. 

Ranjeet Patil   09 April 2024

Thanks for your inputs 

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

You are welcome.




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