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Can we seek refund from builder?- Property hotline
Posted
December 14, 2016
Views
642
Likes
3
Engagement
0.47%
December 14, 2016
642
3
0.47%
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2:52Now PlayingExpert: Aditya Pratap, Advocate, Bombay High Court.
Question: I have booked 2 BHK during pre -launch (project was not yet sanctioned) at Pune by paying more than 50% of the amount in September 2014. Builder did receive sanction in June 2015. I have not done the registration of mentioned property .Due to personal issues. I gave cancellation letter to the company in May 2016 and was told that refund would be done after 90 days. Seven months have passed and I am yet to get the refund and as of now, Builder is saying that amount would be refunded to me once cancelled flat is sold to some other prospective buyer. Do I have legal standing on this issue?
Answer: Under the Maharashtra Ownership Flats Act any builder who accepts more than 20% of the amount then he has to register the agreement. You can send a legal notice to the builder. Ask him to refund the entire amount. No response? Then move to consumer court. Seek refund with interest. Refund after builder finds and sells flat to a new customer is illegal. File a legal complaint and seek reprisal.
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