We had enquired on a duplex flat and builder promised 2 yrs ago, that they will customize 2 flats within permissible limits and mentioned when we challenged them that they won't jeopardize their entire project due to this, and mentioned its legal, we asked if they will provide one sale agreement and they said yes. However at the possession time they are asking us to register as 2 separate flats, and saying we can register as one flat but they will not mention it on Schedule B of the Sale Agreement.
When we protested they said they cannot go back to bbmp and take approval and we can cancel the flat. So we went ahead and cancelled, however they are not returning the full amount and stating they will deduct a lot, whereas they should be paying us with interest. All the conversation are over email and in writing. As per Rera rules even without any reason customers can cancel the flat and builders are liable to refund, and in this case there is genuine reason wherein the builder in writing states we cannot make it legal and to cancel, and still not returning the full amount with interest. We read and heard others exp with Rera that they have lots of pending cases and don't take any action so registering complain with Rera won't yield any help, in fact builder is stating to us to go ahead and file rera case knowing that nothing will happen. Which is fastest way to get the refund legally ? will filing case at consumer court accelerate things ? CHS, property-related issues
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Sucheta Dalal Trustee - Moneylife Foundation
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