How legal notice works in case of builder delay fraud?

In case you face a situation where the builder violates the purchase agreement in any manner, you may send a legal notice against the builder seeking compensation as desired. You can either send a legal notice to the builder for possession or else you may also send a legal notice to the builder for a refund of the amount which you have paid in advance to the builder at the time of signing the Agreement for sale. In India, due to constant growing urbanization, it could be seen that a demand for residential and commercial flats and buildings is increasing day by day. 

How can one Draft a Legal notice against the Builders for Refund or Financial Actions? 

One can draft legal notice to the housing society or the builder for a refund of an amount which he or she had paid him at the time of booking of the flat or signing of the agreement along with interest and send it forward.

A sample of legal notice to builders could be referred to as under. A legal notice to the builder should contain the following essential points:

• Name, description and place of residence or office of the builder
• Name, description and place of residence of the sender of the legal notice
• Details of the cause of action
• Relief which is being claimed by the sender of the notice
• A gist of the legal basis for the relief claimed

Steps for sending a Legal Notice against the Builders

It is advised that you contact a lawyer who has good drafting skills and technical know-how in the field of Property and Real Estate Laws and Consumer Protection Act. It is pertinent that the  lawyer should have a good knowledge as to how to write a legal notice to the builder.

Step 1

It is necessary that you discuss with your lawyer the whole facts which are supported by the agreement, brochure of the builder (if any available), money receipts or any other related  document which could be used as proof of your payment.   

The notice to be sent could be sent either in English or in any other Indian language which is spoken and understood by the builder. 

Step 2

In the consulting sessions with the lawyer, it is important that you explain all relevant information in details including details such as:

• The name of the builder, in case it is a company- then the name of the company as well as  the name of the Directors 
• Address of the directors
• Date of the agreement

Step 3

The lawyer would then study the information shared by you and would make relevant and required notes. The lawyer would then draft the notice in an appropriate legal language where the following shall be mentioned. 

• The reason for sending the notice.
• Previous communications regarding the cause of action.
• A reasonable time period, usually between 15 to 30 days, shall be offered to the opposite party in order to settle the matter through negotiation and by performing the desired action to his clients. On the basis of the grievance, the lawyers would generally, on behalf of the client sending the notice, stress on the need for an action to be taken in the stipulated period of time that either the demand made in the legal notice is fulfilled or a reply is sent.

Step 4

The notice shall be duly signed by the lawyer. It shall be either sent via a registered post or by speed post or courier, and the acknowledgment shall be retained. A copy of the said notice would be retained by the lawyer concerned.

Step 5

The expectation behind sending such legal notice is that after having received the notice, the builder would reply himself or herself  through their advocate, or shall take appropriate action to the distress mentioned in the notice. If it doesn’t happen, the aggrieved party would have the option of directly moving the court against the builder without any further communication.

Conclusion

From the above discussion, it could be inferred that a legal notice could be understood as the initial step of either starting a civil suit against the builder or informing the builder of the distress caused to the aggrieved party and his or her intention of seeking redressal.

An online legal notice could also be sent to the receiver’s e-mail id as well as in the physical form. Also, a legal notice for non- payment could also be sent. For further information, it is important that one seek advice from an experienced advocate who has been successfully handling cases related to real estate and non-payments. While appointing an advocate, it would be helpful for you if enquired about the legal notice charges as well as any other charges involved.

Lead India offers you a team of experienced advocates who have been successfully helping their clients with similar issues. Hence, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.