Regarding refund from Builder

I am a resident of Jaipur, Rajasthan. I booked an apartment in Jaipur. At the time of booking, the builder promised to complete the construction by 2017 end. However, there is a legal case against the builder in relation to some scam and he is in police custody since many months. Since then, there has been no progress in the construction. Whenever I try to contact the builder, his associates tell me that they will resume the construction shortly. However, nothing has been done. When I asked them to either refund my booking amount or give me a date (in written) for project completion, they refused to do that. I am wondering what I should do in this case. Is this forum an appropriate place to raise this issue? Could you please help me.

Email: / 10/09/2016 / 9:31 am

5 comments for “Regarding refund from Builder

  1. ICF
    11/09/2016 at 2:52 pm

    Firstly, the services of the builders will be governed by the terms you have entered with them. If they have committed to deliver the flat by 2017 end then you cannot raise a dispute for non-delivery before the expiry the such period. If you anticipate any issues with the builders then, you can cancel your booking – giving reasons for the same – and ask for refund of money. You should do this in writing. The refund could be subject to any cancellation clause in the Agreement entered by you with the builder. You will be able to raise a dispute for non-refund against cancellation.

  2. Prakhar Biyani
    11/09/2016 at 10:18 pm

    Thank you very much for the reply. The mutual agreement between me and the builder does not mention any project completion date. The builder verbally assured me of the project duration. In this circumstance, can I do anything other than waiting? Can the builder take forever to complete the project simply because he cunningly didn’t mention the completion date in the agreement?

  3. ICF
    13/09/2016 at 9:02 am

    You need to build your case. First thing you need to do is to write to the builder setting out your issues and ask them them the delivery date. It does not matter that the builder is in police custody. In any case, you always have the option of cancelling the booking and seek refund.

  4. Prakhar Biyani
    13/09/2016 at 9:37 am

    I have sent him emails outlining my issues and talked to him on phone. He is not ready to give the delivery date in writing. What should I do now so that he either give me a reasonable delivery date OR refunds the booking amount?

  5. Devendra Kumar Chhawaniya
    23/09/2016 at 7:42 am

    I have booked a flat in Bhopal of amounting Rs. 51000/- . Due to my some personal problem , i have cancelled the booking of flat. two months compeleted but builder not giving any response against my corresponding letter and verbally talk. please guide me to for further necessary action please

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