Refund of money after property booking
rishi arora
(Querist) 14 April 2014
This query is : Resolved
Respected Sirs,
I got a plot of land booked two years ago. I paid the entire cost of the plot all at once through downpayment. There was no registered sale agreement with the builder. Only the booking form on which it was clearly stated that I had paid the entire cost of the plot. I also obtained the receipts of payment clearly stating the plot number. One year later due to poor performance of the builder I decided to take my money back. The builder asked me to submit an application for refund. I submitted an application, and in the application I clearly stated that "I will accept the cancellation of my booking of the plot only if there is a full refund of the entire money that I have paid, without any deductions, and that too within one month time starting from the date of the application". The date of the application was 5th September, 2013. Seven months have passed since then but the builder has not returned my money. Now I want a sale deed (registry) to be executed and sell the plot myself. My questions are:
(1) Should I ask the builder to give back the application for refund, before getting a registry done in order to prevent him from doing any fraud, like using the application to show in records that I had applied for a refund and he has refunded my money in cash and then sell the plot to somebody else.
(2) Given that in the application I clearly mentioned the condition: "The company must cancel my booking of the plot only if there is a full refund of my money and that too within one month time starting from the date of the application".
Now that seven months have passed, would this condition in the application be sufficient to prevent the builder from doing any fraud like the one mentioned above.
(3) If the builder now refuses to execute a sale deed registry, citing the application and saying that I have applied for a refund and so I do not have a right to get a registry done, how can I make him get a registry done.
Devajyoti Barman
(Expert) 14 April 2014
The refund would depend upon the terms of the sale agreement.
You can file case before the consumer forum of you could prove that your were not faulted and it was rather vice versa.
Rajendra K Goyal
(Expert) 15 April 2014
send legal notice if terms of agreement not observed and file case in consumer forum.
Raj Kumar Makkad
(Expert) 15 April 2014
Serve a legal notice to the seller to the effect that the application has become infructuous in view of the violation on the part of seller/builder hence it be treated as cancelled and accordingly the registered sale-deed be got executed on a particular day and time.
Let the reply of the builder come and initiate further action accordingly.
Guest
(Expert) 15 April 2014
Since you clearly stated in your application for refund, "I will accept the cancellation of my booking of the plot only if there is a full refund of the entire money that I have paid, without any deductions, and that too within one month time starting from the date of the application," the application has no validity as of now after even months. The builder cannot take plea about that application. It is clear, he is misusing your funds without any justification.
So, issue notice to get the property within some specified period. If no action is taken by him, file a case in the District Consumer Forum for deficiency of service on the part of the builder.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
I agree with the experts and suggest to proceed wit the advises of the experts by issuing a lawyer's notice to the builder as advised, make him to commit and then proceed with the legal course of action based on his reply.
