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Claiming refund from developer for delay in delivery

Our company paid approximately 85,000 AED as advance (for commercial rent) to a developer whose project never got completed. The handover for the site was 1.5 years ago!

We have been requesting a refund since many months now but the landlord/developer is not cooperating. The payment was made via cheques and the lease had been signed as well.

Further, I have seven sent them a legal notice two months ago via Dubai Courts but there has been no reply from the developer.

May I know what could be done next?

Aceptive Legal Consultants
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5 May 2020, 09:23

Dear questioner,

You can file a case in the court as ask for a refund at the earliest.

If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

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Abdulhamid Yousuf Albulooshi Advocates & Legal Consultants
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5 May 2020, 15:53

In the event that the project is not completed and the lease contract has not been implemented, a lawsuit can be filed to terminate the contract and recover what was paid with compensation for damages resulting from this breach.

For more information please contact us by phone or email.

Thank you

Al Nassar Advocates & Legal Consultants
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6 May 2020, 15:45

Hi there,

You can initiate court proceedings against them for the recovery, damages and breach.

Thanks,

Sudhanshu Singh

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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7 May 2020, 09:44

Hello,

In order to answer the questions, we need to see the lease contract. Also, with the lease contract, we need to keep in mind that whether the property is charged and what is the condition of the project in DLD.

Since the property is in Dubai, so it will be guided by the Landlord and Tenant Act for Dubai Emirate.

Also, you have provided a legal notice, and there is no action or reply from the Landlord. In that scenario, it is better to file a case before rent dispute centre or contact DLD.

Further, it is better to check the documents and its provisions before filing the case.

Also, the situation you mentioned need to be clarified in other issues related to your payment.

You may please contact us via phone or email.

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