My family booked a flat in 2015, but the builder has made very little progress. Only one floor out of 26 is complete! We’ve lost faith in their promises and had to cancel the flat. We’ve paid ₹21 lakhs so far, and the agreement says they’ll deduct 10% and refund the rest in installments.
We’ve been asking for the refund for over a month, but they’re saying it’ll take 5-6 months! I’m worried about the subvention scheme we took. The builder was supposed to pay the EMIs to the bank until we got the flat. Now that we’ve cancelled, they’ve stopped paying. Should I pay the EMIs until they refund me? Are there any other legal options besides going to consumer court?
Best Answer
Under Indian law, the builder must refund the remaining amount after deducting 10% as per the agreement. You can issue a legal notice demanding immediate refund and initiate legal action if they fail to comply. Regarding the subvention scheme, you should continue paying EMIs until the builder refunds the amount. You can explore options like filing a complaint with the Real Estate Regulatory Authority (RERA) to seek faster resolution.
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