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Builder Refuses to Refund Our Money
2 weeks ago
My dad saw an ad in the newspaper offering row houses for 4 lakhs in Vasai. We paid 3 lakhs in installments to the builder, but when we asked for the house, he kept delaying. First, he said after Diwali, then blamed it on COVID, and later asked for another lakh. When my dad reported to the police, they said the builder's activities were illegal. Now, despite complaints, the builder refuses to refund our money. What should we do next?
A.Dear Client,
Firstly, you can send a legal notice to the builder and demand a refund. Further, if the project is registered under RERA, you can file a complaint against the builder before the adjudication officer for delay in possession and fraud. Otherwise, you can consider filing a consumer complaint before the District Consumer Forum for deficiency in service and unfair trade practices. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
Firstly, you can send a legal notice to the builder and demand a refund. Further, if the project is registered under RERA, you can file a complaint against the builder before the adjudication officer for delay in possession and fraud. Otherwise, you can consider filing a consumer complaint before the District Consumer Forum for deficiency in service and unfair trade practices. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
In the given scenario, if the housing project is a registered project of RERA, then for an unreasonable delay in delivery of possession flats to flat owners should be filed against the Builder/Developer before the Adjudication Officer of RERA under Sec.31 of the Real Estate(R & D) Act, 2016 claiming compensation for delay in delivery of flat and breach of contract that amounts to deficiency in service and unfair trade practice. Apart from this, serving a legal notice to the Builder, you can also file a complaint against the Builder for deficiency in service and unfair trade practice before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation and/or filing a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
In the given scenario, if the housing project is a registered project of RERA, then for an unreasonable delay in delivery of possession flats to flat owners should be filed against the Builder/Developer before the Adjudication Officer of RERA under Sec.31 of the Real Estate(R & D) Act, 2016 claiming compensation for delay in delivery of flat and breach of contract that amounts to deficiency in service and unfair trade practice. Apart from this, serving a legal notice to the Builder, you can also file a complaint against the Builder for deficiency in service and unfair trade practice before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation and/or filing a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
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