Questions & Answers
Claiming refund of down payment for delay in property handover
I purchased a property under construction from a developer by paying 10% down payment amount and the remaining 90% to be paid after handover.
As per the SPA, the date of completion is December 2018. But the property is still under construction and will be ready by Dec. 2020.
Can I get my 10% money back and what is the procedure?
Shall I send them a notice or go directly to RERA?
In this case, I will need to review your SPA with the developer. You can email me a copy.
Typically, in SPA's with developers, there will be clauses whereby the developer can extend the anticipated completion date by a certain period of time.
This will need to be looked at; if they have failed to comply with the terms of the SPA, we can assist you with filing a case and serving the developer a legal notice to refund your 10% deposit.
Hi there,
Please send us a copy of the SPA along with your recent communications with them for review and will advise accordingly.
Thanks,
Sudhanshu Singh
