Can builder refund in installments? RERA & precedents?

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. 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. Firstly, Are there any previous judgements on this process.

Reply to Inquiry - Builder Refund Process in Consumer Case

Legal doubt of Can builder refund in installments? RERA & precedents? | Advice and Consultation. Best10 Lawyers in Chennai | Best Law firms

1. Refund in Installments

The builder may indeed request the court to allow the refund in installments, including the principal amount, interest, litigation expenses, and agony expenses. However, the court will assess the merits of the request and consider various factors before making a decision.

2. Arguments for Lumpsum Payment

To advocate for lumpsum payment, firstly, we can present counter arguments highlighting the necessity of immediate funds, the uncertainty of installment payments, and the potential financial difficulties that may arise from prolonged repayments.

3. Dealing with Default

In the event of a default by the builder in installments, we can take appropriate legal actions, such as filing an execution petition or seeking enforcement of the court order to ensure prompt and full payment.

4. RERA Guidelines and Precedents for builder refund

As this is a consumer case, the Builder refund process is subject to RERA guidelines. In fact, We will thoroughly examine RERA's modus operandi for refund processes by builders to strengthen our case. Additionally, we will research and cite relevant previous judgments on similar refund cases to support our arguments.

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