Legal Notice to Builder for Delay and Refund under RERA Format

[ON THE LETTERHEAD OF THE ADVOCATE / ALLOTTEE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

To,
[Name of Promoter / Builder Company]
[Registered Office Address]
[RERA Registration No. of the Project: ___]

Subject: Notice under Section 18 of the Real Estate (Regulation and Development) Act, 2016 demanding refund of Rs. [Amount] with interest and compensation for Unit No. [___], [Project Name].

Sir/Madam,

Under instructions from my client, [Allottee Name], of [Address] ("my client"), I serve upon you the following notice:

1. That my client booked Unit No. [___], [Tower/Floor], in your project [Project Name], [Location], and the Agreement for Sale dated [DD/MM/YYYY] was executed for a total consideration of Rs. [Amount].

2. That my client has paid Rs. [Amount] to you up to [DD/MM/YYYY] in instalments as detailed below, supported by receipts and bank statements:
   Date | Amount (Rs.) | Mode and Reference
   [___] | [___] | [___]

3. That under Clause [__] of the Agreement for Sale, possession was to be delivered by [DD/MM/YYYY]. [Even after the extension permitted under the Agreement / RERA registration, if any,] you have failed to complete the project and hand over possession.

[Alternative paragraph for misrepresentation: That my client booked the unit relying on the brochure/advertisement dated [___], which promised [___], but the project does not have the same, contrary to Section 12 of the Act.]

4. That your failure is a default under Section 18(1) of the Act. My client has decided to withdraw from the project and is entitled to refund of the entire amount paid with interest at the rate prescribed under the [State] Real Estate (Regulation and Development) Rules, together with compensation.

5. That by this notice my client demands refund of Rs. [Amount paid] together with interest from the date of each payment until the date of refund, and compensation of Rs. [Amount] for loss and mental agony.

I therefore call upon you to pay the above sums to my client within thirty (30) days of receipt of this notice, failing which my client shall file a complaint before the [State] Real Estate Regulatory Authority and the adjudicating officer under Sections 31 and 71 of the Act and take other proceedings at your risk, cost, and consequences.

[Advocate Name / Allottee Name]
[Enrolment No. / Contact]