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AV (Graduate)     06 May 2024

Flat booking amount refundable ?

Yesterday midnight paid booking amount 1 lakh to builder , can I get it refunded as per RERA act as no agreement is entered just spoke over phone and paid - because marketing agent is telling he will have to check with them and check whether it can be done or not 



Quick Summary
If you've paid a booking amount to a builder without a formal agreement, you may still be able to get a refund. While a phone conversation and payment can constitute a valid contract if provable, simply paying token money doesn't automatically mean an agreement is in place. You can communicate your decision to withdraw and request your money back. If the builder refuses, consider approaching RERA or a civil court, though consumer forums might not be applicable. Consulting a local lawyer is advisable.

 4 Replies

adv.raghavan (Advocate,9444674980)     07 May 2024

in the absence of agreement, it is possible.

P. Venu (Advocate)     07 May 2024

It is a valid contact, if payment could be proved.

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

By just making a payment towards token money, it cannot be construed as an agreement.

You may communicate your decision to not to go with purchase and demand refund of the token money.

If the builder refuses then you can either approach RERA or civil court for recovery.

Since it will not fall under deficiency of service, a case before consumer commission may not be maintainable.

Dr. J C Vashista (Advocate )     08 May 2024

It is better to consult and engage a local prudent lawyer for refund of money paid to builder.


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