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Refund of paid amount

(Querist) 27 August 2013 This query is : Resolved 
Sir/Madam , I have an apartment in Gurgaon in which
I have paid only 10%(Booking amount) & signed only provisional allotment letter but not signed the Builder buyer agreement. Broker has cheated me & book my 4BHk unit which is my out of budget. I cant afford the 4BHk unit that's why 20% payment is pending from my side to the builder & builder is charging continuously 24% rate( Per Annum) of interest from last 8 months. My broker was telling me that he will sold out this but he is now on back step.He cheated me now finally the cancellation letter from builder side has come & he is telling to deduct the 15% of total basic cost + Brokerage + interest due which will be a huge loss for me. Now what;s the right way to eliminate from this big issue.
Thanks
Regards
Ankit
09992348800
ajay sethi (Expert) 27 August 2013
when did you come to know that wrong booking had been done by broker? did you address any letter to builder/broker regarding the wrong booking . did allotment letter contain provision for 24% interest?
Sudhir Kumar, Advocate (Expert) 27 August 2013
Hard to believe.


When you can afford only 3 BHK then why shall you be signing agreement for 4 BHK?


Which Bank gave you loan beyond re-paying capacity without seeking the agreement?

If you foudn house unaffordable then what prevented you (without being puppet of broker) to cancel the agreement in time ?

You hae not disclosed much facts of the case come clean with facts.


Rajendra K Goyal (Expert) 27 August 2013
Answer the questions raised by the expert Sudhir Kumar ji.
Raj Kumar Makkad (Expert) 27 August 2013
Sudhir has raised relevant queries and it shall be better on the part of the querist to first clarify those.
Ankit (Querist) 28 August 2013
For Mr. Ajay - I come to know about wrong booking when company allotted me a unit. Yes I talked with builder regarding the these all and even talk with higher authorities but finally they are builders and dint care for anyone hard working. Yes there is in provisional allotment letter for getting.

For Mr.Sudhir Kumar - Thanks for your Guidelines but I was in full of confidence with broker and I couldn't believe that he would do like this with me. I was thinking that he will give me a 2BHK only but he booked my 4BHK because nothing is mentioned in soft launch booking and he put my check in 4BHK. Mr. Sudhir Its all about trust which he break because I was innocent at that time which he took the advantage.After booking what I can do - I had only three ways : ( 1.) to cancel the unit(Huge Loss). (2.) Fight with broker like anything. (3.) to sell the unit as market is grown up. So I choose third one which I supposed that would be the best way. But now its a trouble for me that as everyone know that market is very slowdown. Now its impossible to sell this for me and broker has raised his hands and other things I have mentioned above. Well Not a single person read all the terms & condition when goes to purchase something . When you will see the provisional allotment letter , it contains more than 30 terms & conditions with each in paragraphs. Here I have come to know my solution not to discuss my pocket. Sorry if any harsh-ed word from my side.
Thanks


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