Legal Question in Real Estate Law in India

I had booked a flat at South Green City, Amtala (off Joka), Kolkata, West Bengal in Sep 2012. The projects is promoted by D.K.Infra Projects (India) ltd. Till now made down payment of approx 4 lacs. However, builder has not yet started construction and not answering calls,

even pulled website down. After speaking with staff, came to know builder facing financial crisis. Already asked for refund in Jun 2015, builder said cannot pay lumpsum, shall pay by installment starting Aug 2015. However, till date not a paisa refunded even after multiple follow-ups. Agreement not provided by builder, only signed application form.What should I do? I am based in Delhi. Will visiting builder office at Kolkata and get something in written be of any help?


Asked on 2/25/16, 2:47 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear Client

It goes without saying that there is apparent deficiency in service as well as unfair trade practice on the part of the builder. Therefore, you are entitled to refund along with 12% interest and compensation for harassment.Its an open and shut case. The payment receipt and booking receipts rae sufficient proofs even if there is no agreement. First of all, you should serve a leader notice. If there is any branch of the company in Delhi, case can be filed here as well.

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Answered on 2/28/16, 10:47 am


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