legal advice in real estate

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legal advice in real estate

Nitin Pant
Respected Sir,
It is submitted that, I have booked a flat in urban homes ghaziabad, uttar pradesh through investors clinic. The agent has promised for choice based allotment of flat while the builder had allotted a different flat after booking. An amount of Rs. 195000/- has been paid by me as booking. Later I have cancelled the said booking due to this.
The builder has asked for NOC from agent end ie investors clinic for cancellation of flat. The NOC has been provided by the agent in April 2015.  Builder has promised to refund the booking amount within one month but after 08 months of request they have forefietd my booking amount ie 195000/-.
I have asked about the same but they have said its a policy of company we will not refund your amount.
In view of the above, you are requested to help me in this matter.  How i can get back my booking amount and what legal action can be taken against them and how?
With regards,
Nitin Pant
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Re: legal advice in real estate

Adv Sneha Jaiswal
Hi Nitin
Well here you have two options. First of all you can go to police and file a complaint against the builder that he have illegally kept your money and have cheated you by not providing you what was earlier promised, thus you can get a 420 IPC fir registered against him.
               Secondly, since you had paid amount for purchasing a flat in the colony, you are established consumer. And by not delivering you what they have promised, that are practicing malpractice. Thus you can file a complaint under section 12 of the consumer protection act.
               Both these solutions might look far from each other, but you can opt either of them, that suits you. Good luck , hope it helps you.