Advise on token money refund for unapproved map


Respected Seniors & Members, 

In October 2014 I entered in a Bayana Recipt/Agreement with a Builder for a 28 Sq. mt. freehold property in Rohini Delhi whereas i have booked two floors 2nd & 3rd floors. 

That the sale consideration of the property was settled of Rs. 50,00,000/-. Out of the total sale consideration I have paid the earnest money/advance amount of Rs. 4,50,000/- in cash and this amount is mentioned in the Bayana Agreement. 

That as per the terms and conditions Agreement to Sell the date for execution and registration of the sale deed was fixed on or before 14th February 2015.   At the time of Bayana i have inform(orally) to the builder that we required a Home Loan for this deal and Builder confirm me that Loan available on this property. Thereafter we applied for loan of Rs 3400000/-  in ICICI Bank and Bank initially issued Sanctioned Letter and demand approved Map of the property from us. When we demand the same from the Builder he replies No Approved MAP for this property. Hence due to this Unapproved construction ICICI Bank rejected my loan with remarks unauthorized Construction/Unapproved MAP . I have conveyed the same to the seller and ask my money back as due to unauthorized construction the Loan is not available on the property.

Now The Builder asking to me that he will arrange Loan through a Agent with 8% Loan Amount Money and pressurize me to take Loan from this agent, if i do not take loan from this agent he will not return my money. But i am not in that position to give such amount also i am afraid to purchase this illegal contracted property.   

I am under huge mental pressure for the lose of my money.  I will appreciate if you could let me know what I should do. Would be it be advisable to file a case in the court? 

Regards, 

Arun Chaudhary

 
Reply   
 
Advocate

Sir, Have you not checked wheather the building was legal or not ? You are not supposed to taken loan from him, better send the legal notice mentioning him to return your money otherwise he will have to face civil and criminal consequences ..if things don't turn to your favour then file a case of cheating and recovery suit as well.... Regards Kapil Chandna Adv 9899011450
 
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Dear Kapil Ji,

I have checked Property Title Papers and those are OK and he also confirm orally that no issue about the loan in this property. But he did not informs to us about unapproved MAP, when we demands during our loan only then he denied.

 
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cleark

hi friend, i am not a lawyer but same thing hppen to one of my friend. Do not believe him. Even this 8% , if u pay, will stuck up. More over to save 4.5 lac paying 4lac is not correct. no gurantee that loan will be disbursed. take legal action and try to get stay on property sale to third party otherwise not much possibilty of money back in short or medium term.
 
Reply   
 
cleark

hi friend, i am not a lawyer but same thing hppen to one of my friend. Do not believe him. Even this 8% , if u pay, will stuck up. More over to save 4.5 lac paying 4lac is not correct. no gurantee that loan will be disbursed. take legal action and try to get stay on property sale to third party otherwise not much possibilty of money back in short or medium term.
 
Reply   
 

Thank u Sanjeev Ji & Kapil Ji, 

Sanjiv Ji, I do not understand the Meaing of your reply "try to get stay on property sale to third party otherwise not much possibility of money back in short or medium term" Please be clear..

Sir if i will go for Legal Action "Is there any chance to succeed"?

 
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Lawyer

1) Sir please have faith in our legal system. You will get ur adance amount back. If u file recovery suit in court of law.

Thnaks

 
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