Legal Question in Real Estate Law in India

Refund of advance money given for flat booking.

sir, myself and two of my friends have booked a flat at kharghar, navi mumbai on 23/03/09 and given an advance money of rs. 51000.00 each. but afterwards we have realized that building is not being properly made, like its inside walls were not plastered with cement , instead it were applied POP / Gypsem. when i told on this issue on phone the builder told me it is done like this for everyone and told me that if we want to cancel the flat booking we can do so. We did not pay futher amount and given instructions on telephone that cancel the flat booking. Now the builder is not returning the amount. Can you advice me is there any way to get our money back? we have paid Rs. 51000.00 through cheque by each individuals.


Asked on 4/09/09, 12:11 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Refund of advance money given for flat booking.

You may first write the builder pointing out the faults you may have noticed and the misrepresentation, if any, which motivated you to book the flat; you may demand your money back alongwith interest/damages and stipulate some period of say about two months in your notice.

If the money is not returned despite notice of demand, you may consider filing a complaint before the Consumer Forum.

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Answered on 4/09/09, 4:49 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Refund of advance money given for flat booking.

Consult your lawyer, issue appropriate notice to builder and in case of non-refund even thereafter, approach consumer forum or court.

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Answered on 4/10/09, 3:01 am


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