I booked an flat worth 83 lacs(incl of registration) in Apr - 2015. Requested for cancellation in Aug-2016 as we got an opportunity to settle down in US. We were told told to pay 90% of the total amount so that he will proceed with registration and then cancellation. We were completely unaware the process and paid 70 lacs by Oct-2015 We made made innumerable requests and follows ups, but we were completely bluffed. After realising this, we submitted signed cancellation form in their office in Dec-2016. Also sent the cancellation request in an email with scanned copy of cancellation requests. After many followups we received response from the CRM(customer relationship management) department that they forwarded my request to accounts department to speed up the process. But this guy(CRM) left the company in Feb-2017. When we followed up with other manager, they bluffed us by saying "No need to go for cancellation and they will take responsibility of selling the flat so that I can save cancellation charges. I have sent them an email with these details. They deceived our attention from cancellation and asked to pay remaining amount and save the cancellation charges.but they never send the reply with confirmation that they will sell and refund the money. We are bluffed again. I lost all hopes and finally in the last week of May-2017, I replied to the same email requesting for refunding the amount immediately after deducting 5% cancellation chanrges on the base cost of the apartment as stated in the agreement. When I called them they said there is no cancellation process and I need to go for registration. When I argued with next level management, He said he will check with his legal adviser and get back to me. I tried calling multiple times but he did not attend my calls. We are cheated by the builder and completely distressed. What are the options to get our hard earned money back with out any more delays.
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Lawyers are available now to answer your questions.
1) file complaint against builder before consumer forum and seek refund of money paid by you less 5per cent cancellation charges
2) also seek litigation costs
3) claim comepmnsation for builder for mental torture undergone by you
4) also file police complaint against builder under section 406, 420 of IPC for criminal breach of trust and cheating
You have been duped by builder and co from the beginning about this cancellation.
In any caase since the building is nearing completion, why dont you take possession and look for a buyer yourself.
If you dont like the above option, then you may issue a legal notice to the builder communicating your decision to cancel the booking and seek refund of entire amount. In the said notice the efforts taken by you in this regard and the hostile attitude of the builder may also be made a mention.
After that you can approach consumer forum seeking relief and also compensation for their deficiency in service.
1. You have wasted a lot of time in corresponding with the builder. Now go to the consumer forum through a complaint case to seek the refund of the amount paid to him with damages as the builder has committed deficiency in services.
2. Furthermore, a criminal complaint for cheating and breach of trust may also be filed against him in the competent magistrate's court under sections 406 and 420 IPC.
Sir,
Considering your words, the flat was registered on your name. So, you are the sole owner of the flat. Once the flat is registered on your name you would not able to cancel it with the builder ( Anyway, I need to refer the sale agreement/registration documents ). Now, You have get details of the flat from government registration department. If the flat is not registered on your name then you may file cheating complaint with relevant documents in chennai police commissioner office in person or by your lawyer. Considering your location is US, it is not advisable to go for recovery suit/summary suit. You may talk to me for further consultations.
Thanks,
Adv.Niranjan,
Mobile/whasapp - .
