Flat-booking
Om Prakash Dhusia
(Querist) 21 December 2010
This query is : Resolved
Dear friends,a flat was booked at Lucknow OMAXE builders and accordingly booking amount was paid through a/c payee cheque but due to some reasons best known to builders, no allotment order was received by us, subsequently we received another demand letter for payment of around Rs five lakhs towards instalment, but when my son went to deposit the amount through cheque, it was informed verbally by builder's representative that our booking has been cancelled.When it was requested by my son to issue us the cancellation order for further proceedings they have not been doing that.And since Lucknow office doesn't have any email address, several emails were sent at their New Delhi office but received no response.what remedies are left with and what action can be initiated without their cancellation order, because at later date they may say,Due to non payment of instalments your booking stands cancelled and booking amount forfeited.
adv. rajeev ( rajoo )
(Expert) 21 December 2010
Issue notice to the builder to refund advance amount received for flat booking along with an interest from the date amount paid till itz full realisation and also claim damages for not rendering the better service.
Builder has demanded another 5 lakhs towards instalments and verbally said booking is cancelled, so it amounts unfair trade practice which comes under consumer act also.Inspite of receipt of the notice builder failed to refund the money you can file suit for recovery of money and consumer case.
Om Prakash Dhusia
(Querist) 21 December 2010
Mr.Rajoo, the learned advocate,this is not the simple quetion of refund but the question is that why my booking was cancelled?I wanted a flat and it was booked on my wife's name and he demanded another around Rs5 lakhs as instalment in writing.How to get he booking continued or if my booking is cancelled,there should not be any booking, there should'nt be any booking till my case is resolved, so I have to approach some court.Can you suggest the recourse?In-adequate service,improper service,unfair trade practice are the part of consumers act but this is breach of trust, a criminal offence. so how to go ahead with that?
s.subramanian
(Expert) 21 December 2010
Even though there is no allotment order sent to you by the builder,the demand of the subsequent amount from you by the builder amounts to implied allotment in your favour. The oral communication of cancellation will not hold good. You can lodge a criminal complaint against him for cheating,misappropriation and breach of trust.
Kirti Kar Tripathi
(Expert) 21 December 2010
I agree with my learned friends. the demand of subsequent amount is amounts to unfair trade practice and gives a right to the aggrieved person to take legal recourse. Thus you can file consumer case as well as criminal actions against the builder.
