Booking of flat denied after initial payment
sheetal
(Querist) 03 February 2012
This query is : Resolved
I have booked a flat in upcoming project at Nashik & filled their application form and given token amount of Rs 1 Lac through account payee cheque. Builder has assured me to give reciept of this 1 lac on next day since the day when i booked was sunday. i assured to give balance booking amount in 2-3 days. Builder has deposited the cheque and got the money. after two days, builder has communicated that deal is not acceptable to him at agreed price and instead asked for deal at much higher rate. Please suggest me what remedy i can have against the builder.
Raj Kumar Makkad
(Expert) 03 February 2012
You can withdraw your money and no further action can be initiated by you. No agreement had taken place in writing so there is no opportunity to initiate any legal action against the builder.
Now either withdraw your money or bow to the terms of the builder.
sheetal
(Querist) 03 February 2012
thanks Mr Raj for your immidiate reply.
But if builder was not comfortable with the price, then why did he desposited the cheque. cant we take any advantage of builder's this action as implied acceptance of the deal.
ajay sethi
(Expert) 03 February 2012
has the builder given any thing in writing mentoning rate it was booked . ?
if you dont have any evidence ask builder for refund .with the slow down in property prices builder will settle with you .
if he dose not reduce rate take your refund .
adv. rajeev ( rajoo )
(Expert) 03 February 2012
No agreement of sale between you and the builder so it is better to withdraw the money from him.
sheetal
(Querist) 03 February 2012
Dear Ajay,
I have rate sheet ( signed by concerned sales executive ) which have the rate agreed with me.
ajay sethi
(Expert) 03 February 2012
if builder ahs signed rate sheet and it bears stamp of builder you can request builder to give flat at old rate . if he does not do so issue legal notice .
be prepared for lenghty court battle if builder declines to do so .
Devajyoti Barman
(Expert) 03 February 2012
If you are interested in the property then after sending him a notice to complete the purchase on payment of balance amount, you can file a suit for specific performance of contract.
Raj Kumar Makkad
(Expert) 03 February 2012
You cannot take any benefit or oral acceptance of cheque and deposit into his ban without having any agreement in writing so I advised accordingly.
