Real estate
Vishwanath
(Querist) 24 May 2014
This query is : Resolved
Dear All,
I had paid an amount of Rs.180000 as booking amount for a site with a real estate developer(company). Due to their false promises, I preferred to cancel the booking and applied for refund of the booking amount. With much difficulty they refunded 50000/-. It's been more than eight month from the date of my application for cancellation and refund. They have been prolonging to refund the remaining amount of 130000/-. Does it amount to deficiency in service on their part and am I entitled to approach the Consumer Forum in respect to the said issue. Kindly advise.
Regards,
Vishwanath
BAALASUBRAMANNYAMM
(Expert) 24 May 2014
Here you have to observe two things. (1) have you executed an agreement of sale or not? If so Plz. check whether a "default or forefiet" clause is there or not.If any default or forefiet clause is there in the agreement, you are not liable to ask for refund and the Builder can adjust. If there is no such clause, you can get back the total amount.
2. If you have given the amount, on executing a "Receipt", you can get back the total amount.
In the absence of such conditions, in the agreement, you can get back the amount. Plz. clarify.
Devajyoti Barman
(Expert) 24 May 2014
Yes, do cross-check the terms on default.forfeiture clause.
Mere default./forfeiture clause however can not always forfeit the money if the circumstances favorus you.
Depending on this, you can file case before the consumer forum on deficiency of service.
ajay sethi
(Expert) 24 May 2014
file complaint before consumer forum against the builder for deficiency in service and seek refund with interest .
Rajendra K Goyal
(Expert) 24 May 2014
File case against the builder for deficiency of service after sending legal notice for refund of amount paid with interest.
Vishwanath
(Querist) 25 May 2014
Thank you all very much for your valuable advise
