Cancellation charges + commission
Sachin Arora
(Querist) 18 September 2014
This query is : Resolved
hello
I have booked office space with a reputed builder. For some reason after 18 months or so I need to cancel these bookings.
As per MOU, builder can deduct upto 20% of paid amount and refund rest. However when we approach to them they are claiming that the booking was done with one of there channel partner as they do not take direct bookings. So the commission was given to that channel partner is recoverable from customer.
We were not aware of any such commission given to any until this day. Booking receipts also do not shows or written any such kind of details or channel partner name.
Please advice what are our options? How we can get our money back in short time as I am needy of my hard earn money.
Dr J C Vashista
(Expert) 19 September 2014
Show the document of MOU to local lawyer for proper guidence and advise. However, do you have receipt for the amount paid, if yes, issue legal notice for refund.
ajay sethi
(Expert) 19 September 2014
issue legal notice to builder . file complaint before consumer forum against the builder and seek refund with interest on cancellation of booking
Sachin Arora
(Querist) 19 September 2014
Thank you Dr J C Vashista,
Yes, we do have all receipts of payment made. Build is ready to refund all amount after 20% deduction as mentioned in MOU. Somewhat agreed as there is no choice if no mutual agreement made with builder to reduce this 20% to less.
However the dispute is on 10% commission paid by builder to broker. As this was not mentioned us previously, no terms mentioned anywhere and paid without our consent. It was done between builder and broker based on agreement made between those 2 and not with us.
Yes, I am planning to issue a legal notice.
Sachin Arora
(Querist) 19 September 2014
Hi Ajay,
as mentioned in above response, there is only dispute with commission paid to broker. Rest all agreed for refund, interest....
Point is when a amount is paid to someone without my consent and with no written agreement how I am legally bound to pay that if I ask for cancellation.
V R SHROFF
(Expert) 19 September 2014
AS BROKER IS NOT CONCERNED WITH YOU, AND U R UNAWARE OF IT; YOU ARE NOT LIABLE TO PAY TO ANY BROKER. BUILDER'S BROKER, NOT YOURS.
DO NOT PAY 10% XTRA.., BROKER WILL GET IT AGAIN WHEN HE SELL YOUR SHOP. HE IS NO LOOSER!!
Sachin Arora
(Querist) 21 September 2014
Agreed Mr. Shroff. This is my understanding too... fighting hard, so let's see what would be the outcome. Will share details what all I did and the results in few days. Thanks for helping.
BAALASUBRAMANNYAMM
(Expert) 22 September 2014
Every builder is asking some percentage ( 20% in your case) which inclusive of broker"s commission. And that the Builder is entitled to deduct only 20% from your paid amount, and the rest of amount will be refunded to you. It is the procedure and law. But you have no connection with broker's commission. If you would fight with him, he will definitely bend you.
T. Kalaiselvan, Advocate
(Expert) 27 September 2014
Agreed with the experts' views, you do not have to oblige for broker commission and any deduction to that effect by the builder is illegal, you can take him into task either through consumer forum or through civil laws. Contact a lawyer and issue a legal notice if the builder is not coming to your terms.
