How To Draft And Send Legal Notice To Builder For Refund
How To Draft And Send Legal
Notice To Builder For Refund
In this article, we will
discuss about the increasing of buyer-builder agreement due to urbanization. In
case a builder cheats you, the whole procedure to draft and legal notice and
send it to the builder for a full refund will be discussed in this article.
·
Increasing demand for Real
Estate: Due
to the growing urbanization in India, people have more demand for residential
and commercial flats and buildings. So buyer and builder are signing agreement
for the purchase of the flats and buildings.
·
Dishonest Builders: But as we know that
Indian laws are not very strict regarding this, therefore dishonest and greedy
builders cheat and deprive buyers who invest their lifetime savings or hard
earned money to these developers/builders.
·
If you are facing a
situation where the builder violates the purchase agreement in any manner, you can send a legal notice against builder
asking for the full refund of the consideration paid by you.
·
Instances in which you
should give a legal notice to the buyer: There can be several cases where you
need to send legal notice against builder. They are –
1.
Not giving the possession even after the due date of delivery
has passed.
2.
Not giving amenities and other facilities which the builder
had promised earlier in the terms of agreement for sale.
3.
Failed to complete the construction even after the stated due
date.
4.
Using lower quality construction material.
5.
Not registering the Flat/unit in the name of the purchaser
even after completion of full payment.
6.
Demanding an amount higher than the amount agreed before.
7.
Any other case where the builder fails to provide the
expected service.
·
Draft legal notice to
builder for Refund: You can draft legal notice to the builders for a refund of
the amount which you had paid him at the time of booking of flat. A legal
notice to builder must contain these essential points:
1.
Name, description, and place of residence/office of the
builder.
2.
Name, description, and place of residence of the sender of
the notice.
3.
Details of the cause of action.
4.
The relief claimed by the sender of the notice.
5.
Gist of the legal basis for the relief claimed.
·
Steps for sending legal notice
against builder:
1.
At
first contact a lawyer who has good drafting skills and technical know-how in
the field of Property and Real Estate Laws and consumer protection act. To
draft legal notice against builder you can take help from a good lawyer or
avail services from LawTendo.
2.
Discuss
with the lawyer the whole facts and supported by the agreement, brochure of the
builder, money receipts or any other documents which can be used as proof of
your payment.
3.
The
notice can be sent either in English or in any other Indian language which is
spoken and understood by the builder.
4.
In
your consulting session with the lawyer, you should explain all the relevant
information in details along with:
a)
the
name of the builder (if it’s a proprietorship firm) in case it’s a company the
name of the company and the name of the Directors,
b)
address,
c)
Date
of the agreement.
5.
Your
lawyer carefully studies the information you have shared and, makes the
relevant and required notes in the conversation with you and can seek any
additional information from you, if required to finish drafting of the said
notice.
6.
The
lawyer then drafts the notice in legal language where:
a)
the
reason behind sending the notice must be clearly mentioned,
b)
All
of the previous communications regarding the cause of action.
c)
To
offer the addressee/opposite party a reasonable time (usually 15 to 30 days to
settle the matter through negotiation and by performing the desired action to
his clients i.e. yours).
d)
Depending
on the grievance, usually the lawyers, on behalf of the client sending the
notice, stress on the need for an action to be taken in the stipulated period
of time to either fulfil the demand or seek a reply.
7.
The
notice is duly signed by the lawyer. It is either sent via registered post or
speed post or courier, and the acknowledgement is retained.
8.
A
copy of the said notice is retained by the lawyer concerned.
9.
After
receiving the notice the builder will reply himself/herself or through their
advocate or take appropriate action.
10.
If
that doesn’t happen, you can directly go to court against the builder without
any further communication.
Having
any legal query or trouble? This is where LawTendo comes to the rescue. LawTendo is an intuitive
online platform .
