nitingupta 11 March 2016

Can builder take bookings if plan is not santionced

Dear All,

I have booked a commerical shop in a society in Pune. At booking time the builder said he has submitted the plan for approval . The builder is one of the most reputed builder in Pune and considering this I paid him the booking amount. But even after 2 years he is saying the plan is not approved. There are some more buyers who have booked 3 years back.

I would like to know whether the builder can take bookings even if he is not having sanctions

What options do we have in this case. The builder is not guaranting return of money in case of cancellation . In the booking form it was mentioned he will refund the money only if he finds a buyers for the property. This clause seems very fishy.

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2 Replies

ROHIT SHARMA (Legal Advisor ) 11 March 2016

1. This is kind of cheating.

2. The builder may not have even have made a plan or even have acquired land. I wonder when you say that he is one of the most reputed builder in Pune how come he is unable to get the plan approved. when he has such a wide experience and has good contacts with the local authorities.

3. This is a kind of prelaunching schme by which such prominent builders induce customers to part with their money and he enjoys the returns as the booking money is then laundered and he gets a huge profit for himself.

4. You can file a criminal complaint against him alleging he is practcing deception and then inducing the customer to part with his money and this is an offence punishable u/s 420 of I.P.C.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 October 2016

1. Depending of the documentary evidences, ALONG with the above suggestion, ALSO file grievance petition before the local Consumer Court and claim damages and compensation.

2. The builder will not be able to escape the order of the Consumer court

Keep Smiling .... Hemant Agarwal
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