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builder refund
Question
1. Can builder ask court to allow him to refund the buyer in installments – the principal, interest, litigation expenses and agony expenses.
2. If yes, what counter arguments can be told to the judge to force him to pay me in lumpsum. Amount is 42 lacs all inclusive.
3. Possibility is that the builder will default in installments after a while then what to do.
4. It is a consumer case. What does rera say about modus operandi of refund process by builder. Are there any previous judgements on this process.
Answer ( 1 )
If the Builder is not able to pay in lumpsum and chooses to pay in installment, the default can be met by attaching the properties of the builder in such a situation. Move an application before the concerned fora where the execution can be filed and if he defaults and doesnt make the payment, sale of the attached properties will take place to recover the awarded amount.