refund the booking amount
D K VERMA
(Querist) 21 May 2016
This query is : Resolved
Dear Sir/ Madam,
I have booked a flat in West Bengal in Nov-14.I have paid rs. 6 lac (21%) till Feb-15.Rest 79% have to given by bank loan.Agreement done in March 15,possession date is given Dec 16.but searching by bank nature of land
showing not a Vaastu.when I ask builder he always convinced to me that paper will be cleared very soon.as per normal agreement
builder have refund 90% of booking amount in the case of cancellation.but in case to me may have I right to claim to refund with an interest of booking amount from builder? Please guide me.
Thanking you.
Kumar Doab
(Expert) 21 May 2016
What exactly do you mean by "but searching by bank nature of land
showing not a Vaastu."
Does it mean as per Vaastu Shastra?
Does bank consider it as a condition?
Is it part of your agreement with builder that plot confirming to Vaastu shall be allotted to you?
D K VERMA
(Querist) 22 May 2016
Sir,it means nature of land is still showing as Karkhana,so bank is refusing to giving loan.in this situation may have I right to claim refund the booking amount from builder with an interest because builder construction plot is not free from all encumbrances.
D K VERMA
(Querist) 22 May 2016
Sir,it means nature of land is still showing as Karkhana,so bank is refusing to giving loan.in this situation may have I right to claim refund the booking amount from builder with an interest because builder construction plot is not free from all encumbrances.
Rajendra K Goyal
(Expert) 22 May 2016
If the title / status of land use as residential is not legally clear bank is justified in refusing the loan.
Kumar Doab
(Expert) 22 May 2016
Obtain the declinature in writing from bank with reason.
Hope you have the advt, offer etc in writing from builder declaring the land free from encumbrance.
Approach an able counsel specializing in such/consumer matters with all docs on record.
The Real Estate (Regulation and Development) Bill, 2015 was passed by Rajya Sabha on Thursday, March 10, 2016
THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.] has been notified.
http://mhupa.gov.in/writereaddata/Real_Estate_Act_2016.pdf
