Builder Not Returning Money | Vkeel - Free Legal Advice

********a

Secunderbad

We had booked an Apartment after consultation with relevant lawyers and positive report. But a few days after we came to know that there is a pending litigation on part of the property. This might be the reason they are not getting OC. We withdrew immediately up on which Builder assured us of returning the amount in 20 days. • Property value is 52 lakhs, amount stuck is 9 lakhs. Property is Registered with RERA • We had mentioned in the agreement with Builder that he is liable to return the whole amount in case they do not get OC. • They lied to us that there is no litigation plus they do not have OC yet. • They sold the apartment already without informing us. • The agreement is not registered, we have a signed note on letterhead saying he will return plus a post-dated cheque from builder. • It’s been 5 months and he has not returned the amount; he is seeking more time. • When should we approach RERA given the lockdown situation now. • Check validity ends soon. • What are my options?

Expert's Answers(3)

Advocate Ankur Goel
Bangalore, Karnataka

7 Client Ratings

you already have cheque. deposit it and then if it bounce then send lawyer notice. cheque bounce is criminal case. approaching RERA is also option. you can even file in consumer court.

May 28, 2021
xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir First get cheque bounced and file a cheque bounce case and there after approach RERA to get compensation.

May 28, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, If after repeated asking, the builder is not refunding the money, you file a compliant before the RERA to get the refund amount. Under RERA, there is no specific time frame provided for filing a complaint but it should be filed well on time. It is advisable to approach the RERA authority whenever a violation has happened. Since, the violation has already happened, due to pandemic, you should approach and file the complain as soon as case subsidizes. You can also approach the Consumer Forum to get the money refunded, both are competent enough to provide the remedy. The homebuyers have the choice to choose between them. If you like my answer, please rate me.

May 28, 2021