I seek refund of the booking amount from the builder who had promised me to do the agreement of the plot within 6 months after entering the MoU with him. He has not got the approval yet even after 1.5 years. So I wanted to get my booking amount refunded. I sent a notice to him through registered mail 15 days back with Ackowledgement. But today I received that registered mail back from the post office saying not claimed, with seal of the envelop intact.
It seems builder has refused to accept the notice and post office re-sent that mail to me. In this scenario what should I do. Can the returned mail be used as an evidence against the builder in the consumer court and as a proof that I did send a notice to him before filing the case in consumer court.
Since you have sent the notice to the builder is enough. It seems he had manged the post man. Though it was returned you can file consumer case by enclosing the returned cover. But the address should be correct. The Consumer court will again send the summons to the Builder, if the builder still manages to return the summons, substituted service will be served and then set exparte.
You are entitled to get refund of amount paid with interest for failure to give possession within specified time or further time allowed. The developer fails to give possession in accordance with the terms of his agreement of a flat duly completed by the date specified,or any further date or dates agreed to by the parties.The amount and the interest shall be a charge on the land and the construction,if any,thereon in which the flat is or was to be constructed to the extent of the amount due,but subject to any prior encumbrances.
The returned undelivered registered letter may be filed as a document for having served a notice but not accepted by him in the consumer case proposed to file against the builder. Yes, you can proceed with it.