We paid the booking amount for an apartment which we liked. Then we got a demand note where the instalment value was higher by 32 thousand than the value quoted in the cost sheet given to us. On being demanded an explanation, the contact person obfuscated the matter and has not replied to my email. I want the booking amount refunded. How should I proceed with the matter ?
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Request builder to cancel your booking and refund money paid by you
2) mention reasons for cancellation of booking as amount sought is higher than intimated to you earlier
3) if builder fails to refund file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
If builder is willing to give you earnest money 100% to you than it's good otherwise as per terms and conditions of sale agreement you need to follow termination clause or maximum 15% of earnest money builder can deduct the amount.
1. It is not clear whether any sale agreement signed while paying the booking money.
2. if yes then the terms of the forfeiture must be mentioned therein.
3. It appears there is none and in that event you have every right o love put of this deal by cancelling the agreement made orally and get refund of your money in full.
4. If not then you are entitled to seek legal remedy in appropriate forums depending upon the nature of the dispute.
Feel free to contact.
Thank you all for your valuable response. We just signed an application and we were given an allotment letter along with the money receipt a few days later.
You can cancel your allotment and seek refund of money demanded is more than agreed upon
2) if you have no evidence then on cancellation of booking builder would deduct 10 per cent of booking amount
Yes the booking amount to a builder is refundable.
If they are not replying to your mail send them a legal notice to cancel the flat and refund of money in 15 days.
File complaint in consumer forum/ Regulatory RERA if they fail to refund your money with in notice period.
Yes it is refundable. You can go before rera or consumer court if builder refuses
You can complain to RERA for refund due to default of builder.
1.Hope you have collected/preserved the brochure based on which you have applied for buying the flat.
2. Also hope that you have some agreement entered in to by and between both of you based on which the builder has given you the cost sheet.
3. If he has now diviated from the terms earlier set by him, file a complaint case before the State Consumer Dispute Redressal Commission against the builder alleging deficieny in service and unfair business practice claiming refund of your booking amount with interest, damage and cost.
1. You must have received the terms and condition and/or price of the flat.
2. Sometimes those information are mentioned in the application form.
3. You shall have to approach the State Consumer Commission as advised in my earlier post.
You are entitled to full refund.
If the builder has cheated or not honored his commitment, yes you are entitled to a refund of the amount.
The only amount he can deduct is if he has not caused any fault and only if you are at fault and the amount to be deducted was revealed to you earlier already.
In case he makes unlawful deduction or does not return the amount to you in full, you can send a legal notice through a law office and he is liable to return the money to you.
We suggest you to approach the concerned Consumer Forum to seek refund in such a case. you may Before approaching the Consumer Forum issue a legal notice to the Builder through an Advocate.
If there was no agreement entered into between you and the builder, then you may communicate your decision to cancel the booking in writing sent by registered post and demand the refund of the booking amount for the reasons that the builder is making contradictory statements and demands more than the amount agreed etc.
After that if the demand is not complied with then you may drag the builder to consumer forum for relief and remedy.
That can be an evidence for having paid the amount hence you may proceed legally against them.