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We saw the Advertisement in a local news paper in Mumbai that the "Flat for Sale"
we contacted the builder who gave the ad and after checking the documents we paid
20% sales price and the builder issued us a Reservation Form mentioning that Flat
No. 204 is
reserved for us and also issued the Receipt for advance received by him. The project
for more than one year and we do not want to proceed with this builder since seems
some problem with the title of the land on which the project is upcoming. Please
we can get back our money. The builder is telling us that everything is fine and
project is going
on as per schedule. Thanks. -- Shekhar, Mumbai
There could have been more than one legal remedies open for you, provided you
would have entered into “Agreement to Sale” with your Builder and the said you
would have got registered by paying appropriate stamp duty.
Now, since its not there, the best option is an amicable settlement to try to get your advance amount of 20% back especially when you are doubting on the plot’s title
clearance itself. If builder is able to arrange a title clearance certificate for the building
plot, and if you think the builder will be able to complete the project somehow, you
may better try to enter into an agreement to sale only against your already paid 20%
amount and try to get it registered, since getting refund from builders is really hard task.
P.S.: It seems you need to issue a Legal Notice to Builder to complete the commitment and also file forgery case against builder that without clear title how can he taking booking amounts from flat buyers. Such a builder should be in jail for cheating.