How can I legally get a refund from the builder?

Advocate Ayantika Mondal Answered: 06 Nov 2024

The RERA empowers the homebuyer to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. To obtain a refund from a builder, submit a formal written request. If ignored, send a legal notice. If unresolved, file a complaint with RERA or escalate to the consumer forum. Consider legal action as a last resort. Keep records.

Advocate A M Iktear Uddin (anik) Answered: 05 Nov 2024

To seek a refund from the builder for your flat registration payment, begin by sending a formal written demand requesting the refund. In your letter, cite the lack of registration despite receiving the allotment letter. If the builder does not respond or refuses to refund your payment, consider filing a complaint with the Real Estate Regulatory Authority (RERA) in your state. Provide all relevant details, including the payment amount and reasons for your request. If these steps do not yield results, you may need to file a civil suit for recovery of the amount paid, especially if there is evidence of fraud or breach of contract. Consulting with a legal professional is advisable to understand your rights and determine the best course of action.

Advocate By LEAD INDIA Answered: 04 Nov 2024

Sir, firstly you should review the allotment letter regarding refunds and timelines for registration and if it is found that the act of builder is unethical then you may consider sending legal notice with the help of an expert lawyer who will assist you in filing a civil suit for recovery of your money in court of law. For further legal assistance contact us on our helpline number.