My builder took 40 lakh rupees in 2019 and has not given possession of the flat. Registration is also not done. How do I get my money back?

Detailed Legal Analysis

To recover your money from the builder who has failed to deliver possession of the flat and has not registered the property, you can take several legal steps under the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Indian Contract Act, 1872.

Here is a comprehensive approach to address your situation:

• Gather Documentation:
  • Collect all relevant documents such as the booking receipt, payment receipts, correspondence with the builder, and any promotional material provided.
  • Maintain a record of all payments made, including dates and modes of payment.
• Check RERA Registration:
  • Verify if the builder is registered under RERA and if the project is RERA compliant by checking the official RERA website of your state.
• File a Complaint with RERA:
  • If the builder is registered, you can file a complaint against them at the RERA authority for non-delivery of possession.
  • Under Section 18 of RERA, you have the right to claim a refund along with interest for the delay in possession.
• Send a Legal Notice:
  • Draft and send a legal notice to the builder demanding the refund of your money due to non-compliance with the agreement.
  • State a clear timeline for the refund to be initiated (typically 15-30 days).
• File a Civil Suit:
  • If the builder fails to respond satisfactorily to the legal notice, you may file a civil suit in the appropriate court for recovery of the amount under Section 73 of the Indian Contract Act, 1872.
  • Include claims for damages and interest due to the delay and inconvenience caused.
• Consumer Forum Approach:
  • You can also approach the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019 for deficiency in service.
  • This can be done if the amount in question is within the jurisdictional limit of the forum.

Be sure to consult with a legal professional to ensure that your approach is tailored to your specific circumstances and that you meet all procedural requirements effectively.