Hello,
My name is Kiran. I had booked a flat on 29 October 2012 in an ongoing project in Bangalore. I had paid Rs. 1 Lakh amount. They have not yet got one approval for top floor. I realized it after the boking and they told they are getting it. After that two times I had written a mail to them asking to cancel the booking. But they gave some options each time, to which I agreed. First time they told me that I can do the sale agreeemnt and pay the agreement amount only after the approval comes. Second time I had given the reason of not getting bank loan. That time they gave me some bank contact info. During those days I was in confusion. Buy finally I decided to cancel it on 27 November and wrote a mail to them. After couple of mail exchanges they agreed to cancel and asked for 2 weeks time. The wording (also font and color) in the mail are "But, i need couple of weeks time from you & will try my best to take out your money with a less deduction happening.". I waited for 2 weeks. I didn't visit their office for cancellation. Even I didn't fill any form since they didn't told me to do so. When I went today to their office he told me according to their rules thay can't refund any amount. The booking form doesn't mention clearly about the booking refund amoumt. It just says the following
"The booking is subjected to acceptance by XYZ , the applicants agree to execute the agreement of purchase of undivided interest in land and construction of apartment in XYZ. Standard format within 15-20 days from the booking date failing which the offer shall stand cancelled. .......... The terms and condition in the sale agreement cannot be changed ot altered; Refund of booking amount will be done after 30 days from the date of cancellation".
They say that if I had cancelled within 15 days of booking then only I would have got the amount (50%). But that info is not there in the booking form.
What should I do now? Am I on the right side or the builder is right? Any possibility getting my money (without spending too much to do it)?
