Legal Question in Real Estate Law in India

Advance payment refund from the Builder

Sir,

I have paid 2 lacs as an advance towards purchasing the flat one of the building in Hyderabad, when I approach for the loan to the Nationalised Bank, there is a deviation in the plan and the loan rejected. The same been informed to the builder also, but no response from his side. Can I get the advance from the builder. Could you please advise how to proceed.


Asked on 2/24/09, 2:56 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Advance payment refund from the Builder

Serve notice and initiate necessary action.

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Answered on 2/24/09, 2:57 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Advance payment refund from the Builder

Hello.

Good Afternoon.

You may serve a notice and then initiate legal proceedings against the party.

In case of need please contact alongwith the details.

Professional charges are applicable.

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Answered on 2/24/09, 3:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Advance payment refund from the Builder

If the loan has been rejected because of change of plan by the builder, you may be entitled to not only the refund of your deposit but also damages.

You may first send a demand letter to the builder; and on failure to receive any positive response, you may consider filing a complaint with the local Consumer Forum. It may be better to engage a local lawyer to pursue your remedies.

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Answered on 2/24/09, 9:19 am


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