- Location : Delhi
- Amount Paid To Builder : Rs. 60,00,000/-
- Relief Sought : Refund With Interest
- Amount Received From Builder : Rs. 90,00,000
Background
A prospective buyer, Rakesh Gulati, agreed with builder to purchase a property. He paid the builder a substantial amount of 60 lacs as part of the agreed transaction. However, due to unavoidable circumstances and dissatisfaction with the project’s progress, Rakesh Gulati sought a refund with interest for the amount paid. Faced with securing a refund, Rakesh Gulati approached Maxeben Legal Advisory for professional assistance. Recognizing the situation’s complexity, Maxeben Legal Advisory promptly took up the case and formulated a strategic approach to resolve the issue in favour of their client.
Legal Remedy
Maxeben Legal Advisory analyzed the provisions of the MOU, local real estate laws, and regulations to determine the grounds on which a refund with interest could be sought. They identified potential legal avenues and arguments to strengthen Rakesh Gulati’s case. They presented a strong case for a refund with interest, highlighting the project’s delays and the resulting inconvenience and financial burden faced by their client. Recognizing the potential benefits of settling outside of court, Maxeben Legal Advisory proposed mediation and ADR methods to resolve the dispute efficiently. They facilitated constructive dialogue between the client and the promoter, working towards a mutually acceptable agreement. If negotiations and mediation failed to yield the desired outcome, Maxeben Legal Advisory prepared for potential litigation. They conducted extensive legal research, gathered evidence, and formulated a robust legal strategy to protect Rakesh Gulati’s interests in court if required.
Solution
The case of Rakesh Gulati demonstrates the effectiveness of Maxeben Legal Advisory in providing valuable legal advisory services to their clients. Through their diligent efforts, strategic approach, and expertise in real estate laws, they were able to navigate the complexities of the case and secure a favourable outcome for Rakesh Gulati. This successful resolution is a testament to Maxeben Legal Advisory’s commitment to their client’s interests and their ability to achieve justice in challenging legal situations. Through ongoing negotiations and effective legal representation, Maxeben Legal Advisory secured a refund with interest for Rakesh Gulati. The case was settled within 8-9 months from the signing of the MOU, ensuring a relatively swift resolution to the dispute. The total amount received by Rakesh Gulati was Rs. 90 lacs, surpassing the initial amount paid by the client.