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Hemanth Karamthot   01 December 2021

Paid 20% of total properly value before entering into an agreement

Respected Sir/Madam,
After deciding to buy a 2-BHK flat in Bangalore, I approached a builder. He asked me to pay 2 lakhs initially as a booking amount. The total cost of the flat is Rs. 50.5 lakh. On 17/02/2021, I paid Rs. 2 lakh as booking amount and paid Rs. 8.1 lakh on 15/03/2021. So, I paid, in total, Rs. 10.1 lakh (i.e., 20% of the total cost of the flat) without getting into an agreement.

After I paid the aforesaid money, the builder has sent me a draft agreement and asked me to sign it and send it to him. Due to some personal issues, I decided to not to buy that flat and communicated the same to the builder. The builder confirmed the cancellation of my flat on 03/06/2021. And he informed me that he would provide me the complete refund after he finds another buyer which could go on for perpetuity.

It has been approximately six months since the cancellation was confirmed, yet I still didn't get the refund. Later, I was informed by one learned advocate that, as per RERA Act, I should not have paid more than 10% of the total cost of the flat without getting into a written agreement. In this case, as I was ignorant of the law, I paid 20% of the total cost even before executing the agreement. I called the builder time and again but he maintained a complete indifference and he is refusing to disclose the booking clauses.

Please tell me what course of action I should take in order to get my money back without suffering any further as I underwent a great degree of mental agony during this time. I called the advocates who are in my vicinity but I didn't find their answers satisfactory and hence I am compelled to seek legal advice on this platform. Thanks a lot.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 December 2021


You have to take legal action against the builder. Send him a legal notice and file complaint to rera authority. 

P. Venu (Advocate)     02 December 2021

Yes, you may serve a legal notice and follow up.

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