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Abhishek Singh (Court)     01 May 2014

Builder not refunding booking amount

Sir, I booked a flat with a reputed national builder in Jaipur. Flat was costing Rs. 65 lacs. I paid Rs. 1 lac via Demand Draft as advance booking amount. I planned to invest money from a sold property but that deal is still in limbo and will take some more time to materialise. Meanwhile sales guys of the builder were forcing to pay the entire amount as the deadline of handing over the flat approaches. I haven’t entered into an agreement with them as of now. I have only signed on the cost sheet. Now the flat is beyond my means because the rates have appreciated by 4 lacs within last 4 months. So decided to cancel the booking and demanded Rs. 1 lac back but the builder refused and forfeited the amount. Sales guys were earlier kept on harping that if the booking is cancelled then the booking amount will be refunded but now they backed away with their promise. Kindly suggest whether it is ok for me to ask for a refund under these circumstances? Is there any possibility of getting back the refund? I have cancelled the booking and have not signed the agreement. What is the legal recourse? 



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