Refund of token amount

Vinod Chaugule (Querist) 30 January 2015 This query is : Resolved
I have paid a token amount of 1 Lakh rupees for book a flat .But due to some reason I have cancelled the booking & asking for the refund of token amount.
The builder is ready to refund the amount after 20% deduction.
But no such rule was mentioned on the booking form which I filled at the time of booking.

Still do the builder have any rights for deductions ?
Please advice

Vinod Chaugule

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ABDUL RAZIQUE (Expert) 30 January 2015
If there is no any deduction clause is mention in the booking form, then the builder has no right to deduct and they should refund all paid amount.

Advocate Ravinder (Expert) 30 January 2015
If there is no deduction clause, the Law of Flats Apartments and Buildings will prevail.

My advise is as follows:-- as this is a small amount, instead of roaming around the court, bargain with them for 10% deduction and close the matter. Since they are builders, they will have regular Advocates to them. Your time will be wasted. If they do not agree for 10% deduction, then you file consumer case against the builder.

T. Kalaiselvan, Advocate (Expert) 01 February 2015
As advised, settle the scores amicably instead of runing behind the litigation for years sparing valuable time, energy and money.