I won a flat lottery in February 2014 and paid around half the price by May 2015. Unfortunately, I lost my job and couldn’t keep up with the payments for over a year. The builder cancelled the allotment in June 2016, claiming a 15% forfeiture and promising to return the balance. However, they haven’t returned anything yet because I disagree with the forfeiture. They have offered to reduce the amount in emails, but I want my full refund. Is it possible to get the full amount back?

Apni Law
Apni Law
Law Forum › Category: Consumer Court › I won a flat lottery in February 2014 and paid around half the price by May 2015. Unfortunately, I lost my job and couldn’t keep up with the payments for over a year. The builder cancelled the allotment in June 2016, claiming a 15% forfeiture and promising to return the balance. However, they haven’t returned anything yet because I disagree with the forfeiture. They have offered to reduce the amount in emails, but I want my full refund. Is it possible to get the full amount back?
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Apni Law Staff asked 3 weeks ago

I won a flat lottery in February 2014 and paid around half the price by May 2015. Unfortunately, I lost my job and couldn’t keep up with the payments for over a year. The builder cancelled the allotment in June 2016, claiming a 15% forfeiture and promising to return the balance. However, they haven’t returned anything yet because I disagree with the forfeiture. They have offered to reduce the amount in emails, but I want my full refund. Is it possible to get the full amount back?

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Best Answer

Apni Law Staff answered 3 weeks ago

Based on Indian laws, you may have a strong case to recover the full amount. The builder’s right to forfeit a percentage of the payment is subject to the terms of the agreement and relevant provisions of the Real Estate (Regulation and Development) Act, 2016. You should consult a lawyer to understand your specific rights and pursue legal action if necessary.

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