Builder is not ready to refund booking money.

This query is : Resolved 
 

(Querist)
15 August 2009

sir on 20/03/2009 i booked a flat with Nanak Properties Pvt. Ltd. Andheri, Mumbai at his ongoing project at kharghar, navi Mumbabai. After a week i realized that i am not getting a required amount of loan. So I asked the builder to refund the booking amount i.e. Rs. 51,000.00 which was given to him through cheque and a receipt for the same was received. That time he promised verbally that he will refund my money but now he is refusing to return my booking amount.

There is no any agreement or MOU is signed between us. Kindly tell me what is the law say on this, if I can get the amount how to go about it? Ramesh Singh


A V Vishal (Expert)
15 August 2009

You, can file a suit for recovery of money on basis of the cheque issued to the builder. However, send a legal notice first through an advocate and accordingly proceed.

BHANU RASPUTRA (Expert)
15 August 2009

HOW U MADE PAYMENT ?? BY CASH OR CHEQUE.

WHETHER U HAVE RECEIVED ALLOTMENT LETTER ON BUILDERS LETTTER? IF , YES . U CAN GO TO CONSUMER COURT AFTER GIVING ADVOCATE NOTICE.


Y V Vishweshwar Rao (Expert)
15 August 2009

it is an advance for Booking of Flat , it appears there is no concluded agreement with terms between you , the Builder is not entitled to retain the Amount , with prior Suit Notice , file suit for Return of the Amount!

BHANU RASPUTRA (Expert)
15 August 2009

RAMESH SINGH , ANSWER MY QUREY.

RASIK DAGLI (Expert)
15 August 2009

You may issue a Legal Notice through an advocate and call upon the builder to return the money. In the Notice you also mention the requirements of Flat Ownership Act which the Builder has failed to follow.
If after notice , builder fails to return the money , you will have to file a Civil Suit for the same.
RASIK DAGLI
Advocate

Ramesh Singh (Querist)
18 August 2009

Sir, I made payment through cheque and I have not received any allotment letter from the builder and there is no agreement or MOU is signed between us. However the builder has issued me a receipt mentioning booking amount against the flat no. 602. On receipt also there is no any terms and condition is written.




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