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Mehtab Alam   16 September 2018

Notice to bulider for refund of token money

Hi ,
Builder is not returning the advance paid for booking a flat after various reminder can you please help me to take back my total amount.
even broker is also involved in this...
please help me out..


Learning

 15 Replies

Adv Deepak Joshi +917017821512 (Advocate)     16 September 2018

why do you want refund

Mehtab Alam   16 September 2018

Because deal was cancelled due to loan cancelled because lost the job..and has been informed to builder through broker that deal has been cancelled. At that time builder agreed that he will return complete amout after sold the flat.. flat has been sold out within one week but builder refuses to give amount.

G.L.N. Prasad (Retired employee.)     17 September 2018

Please contact Advocate locally with such agreement or correspondence in between you and builder, issue builder a notice and then approach Consumer Forum for complaint against Builder.

1 Like

Mehtab Alam   17 September 2018

Thanku so much Sir, tell me one thing Broker was also involved in this matter, shouldn' we take legal action against him.. because he was the mediator. Who arranged the meeting for documentation and token money.

G.L.N. Prasad (Retired employee.)     17 September 2018

Who enjoyed the money and now refusing to return ?  The broker's role is limited to an agent and hunting a prospective buyer to the builder and ends up there.  When your advocate issues legal notice, he can take into account your statements supported by such vouchers/receipts etc.

Adv Deepak Joshi +917017821512 (Advocate)     17 September 2018

Originally posted by : Mehtab Alam
Because deal was cancelled due to loan cancelled because lost the job..and has been informed to builder through broker that deal has been cancelled. At that time builder agreed that he will return complete amout after sold the flat.. flat has been sold out within one week but builder refuses to give amount.

Do you have anything on record that builder agreed to return money.

Mehtab Alam   17 September 2018

We do not have any recording. He told us on phone through broker phone call that no issue if deal has cancelled due to loan issue he will return money after his flat sell out. And on sell of agreement its written over there if buyer doesnt purchase flat all token money will be forfeited and seller refuses to sell his flat all the money will be refunded.

Mehtab Alam   17 September 2018

Please let me know if i send knowledge/ notice to builder by a lawyer what would be the fee.

G.L.N. Prasad (Retired employee.)     17 September 2018

This is not the time for calculation or Bargains, as getting your money is priority.  From Rs.150/ to Rs.500, advocates may charge any thing depending on his reputation.  Engage a good advocate for issuing notice as he covers entire points and his reputation itself carries weight.  (The only precaution is that advocate must not be having good relationship with the buyer).

Mehtab Alam   17 September 2018

Thanku so much for the valuable advice.. ill do so as suggested...

Mehtab Alam   18 October 2018

I have sent a legal notice to builder on 1 oct 2018 till now there is no response received from the builder site. Now please let me know what i have to take further action.

Adv Deepak Joshi +917017821512 (Advocate)     18 October 2018

Share copy of notice at djaa.legal@gmail. Com

Mehtab Alam   18 October 2018

sir i have shared a copy to u one to one. please check.

Mehtab Alam   20 October 2018

Sir have u received my email along with legal notice.. please check..and let me know.

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