we have made an experience in a case where Polaris has refunded the paid moneys after two years without even starting the buildings, and in the end it was not necessary to go to court (though we had the writ prepared to be filed in). We made pressure from different angles (consumer protection authorities) and after 4 months, just when we were about to file the writ, the developer refunded the moneys. The client evidently saved the time a court action involves (1-2 years in the first instance) and also the upfront moneys for court proceedings. Admittedly, he did not get any compensation for the moneys being held by Polaris for 1 year and a half, but at least he was relieved to get his money back.
Your case seems comparetively different as the breach of contract seems to be produced by the “missing” pool, in a complex where the buildings seem to be in place. Tipically such amenities (pool and so on) are not mentioned in the contracts, but in the publicity you are given when you purchase. The success of the court action depends then in the credibility and details of the publicity including the pool, of the pressure you make and also of the risk you want to take. Unfortunately it is impossible to guarantee results when court proceedings are involved, but this is a risk everyone who goes to court has to accept.
The advise would be to start making pressure legally (and there are ways to do this without going to court) and then after chasing them for some time it would be up to you to decide whether you want to go to court or not. I know after getting legal assistance somewhere else you are probably tired of listening to so many people, but in the end of the day you will not get your money back without doing anything.
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