there is no clause in your agreement for forfeiture of advance money paid
2) hence seller cannot forfeit advance money
3)issue legal notice to builder to refund your advance money
Refund of booking advance
Hi, I paid Rs 1Lakh as booking advance for a flat in Bangalore on 6th Nov 2016, though i asked for a receipt but he only provided me a confirmation of receipt through SMS. There is no agreement with the seller till date. As it is a completed and ready to occupy property we not got any booking form too. the seller is the land owners, he is selling his share of property out of the joint venture with builders who constructed the flats. Now during last week of Dec 2016 i informed him that i will not be able to buy as due to my financial problem and as they also don't have OC, and other required NOCs. On 2nd Feb 2017 when i met with him towards the cancellation and refund of Booking advance he 1st refuse to refund and afterwards told will consult with his lawyer and inform me. On 4th Feb I sent his SMS for cancellation but not got any respond till today (7th Feb). Request your advice on the matter, whether i am eligible for the refund or not. Thanks & Regards, Anil
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
1. It is not clear whether you had paid him in cash or through cheque or other mode.
2. The sms is difficult evidence of payment.
3. Anyway send him a legal notice seeking the refund failing which warn him with legal action.
4. If he does not budge then lodge complaint with local police for a case of cheating.This would give you speedy result.
5.The civil suit for recovery of money would take long time.
1 Lakh is paid through account payee Cheque. 1. We have not signed any agreement or booking form. In the absence of agreement or booking form, what are the remedies? 2. Can he deduct any amount out of the booking advance of 1 Lakh ? As he claims i have wasted his 3 months of time. 3. They are 3 Friends owning the land and have a joint venture with a builder to build the apartments. i paid the 1 lakh in the name of one partner. So legal notice should be in the name of the all the partners or only in the name of the partner to whom i have paid the Cheque. 4. I hope bank statement (clearance) with SMS confirmation from the recipient can be treated as evidence of payment. Whether it is sufficient to tread as payment confirmation or not? Request to answer all the above questions and guide me on the legal remedies available. Regards, Anil
Asked 8 years ago
it is surprising you advanced Rs 1 lakh for purchase of apartment without any booking form or allotment letter . you dont even have receipt
2) issue legal notice as advised
3) since there is no clause for deduction builder cannot deduct any amount
4) legal notice should be in name of firm . partner was acting for the firm
5) bank statement together with sms confirmation would be treated as evidence of payment
If you have proof of the advance paid by way of cheque or bank transfer, you can very well issue a legal notice to him demanding your booking amount in full.
He cannot refuse neither he can deduct any amount since there is no agreement or any conditions between you both.
If he fails to return the amount, you can file a money recovery suit against him.
1. The situation is advantageous to you bcause he cannot deduct any amount while refunding in the absence of any condition of agreement.
2. In the absence of any agreement or conditions he cannot do so, if he does you may file a criminal case against him.
3. You can issue legal notice to the person who received the advance amount.
4. Yes the evidence in your possession would help you recover the amount legally.