Upgrad LLM

redressal from rera order

I had filled an EOI form on 25th August, 2018 by paying an amount of INR 54,000/- which would be refunded if I did not want to purchase a flat in the said Project. I was thereafter invited to attend a pre-launch of said Project on 7th September 2018. I therefore attended the pre-launch at the project site. We clearly explained our finances, filled a form with a property consultant company hired by the builder to oversee loan requirements) outlining our savings and our salaries, and we were reassured by the sales person as well as Square Connect that there would be “no problem whatsoever” to get a loan under the subvention scheme. After their assurances we decided to purchase a 1BHK flat at agreement value of INR 9,546,000 which with Stamp duty and other taxes would amount to a total of INR 10,935,080/- under the subvention scheme. We then paid the booking amount of INR 5,00,000/- and signed the allotment letter which had blanks in them. When asked, they told us not to worry about it and it would be filled later. When asked for a copy, we were told that we would receive it within a week, which hasn’t been received yet by us. After a month, we were told that we were ineligible for subvention scheme and that they will not be able to refund our money amounting to a total of 5,54,000/-. We appealed in RERA court but since there was a clause in the booking form that if the applicanl wishes lo withdraw or fails to pay the balance, the amount paid by the applicant stands forfeited, the RERA order was not in my favour. I am a senior citizen and I have dipped into my saving to buy a flat. I need help please to get my refund. How do I go about it now?

Well, now  a days the Builders have gone aggresive in terms of marketing and conducts these pre-launch activities with early bird bookings. The customers gets fooled as they are made to believe during these launch meetings that if they DO NOT make a booking now, they are going to lose a big discount or benefit.  The closing manager and Sourcing managers(From the Broker or so called Channel Partners nowadays on fancy terms) agrees to everything the customer wants and they make the customers believe that everything will go smooth..just for the sake of their Sales Target.

Sir, in your case the same thing has happened. Mostly during these kind of arrangements, when the Loan officials are introduced by the closing manager, it becomes their responsibility to do the FInancial Viability Check and inform the customer at the time of bookng only that they should proceed or not. 

I as an Advocate, have an opinion that this case can be presented properly to the RERA Tribunal again whereby many facts of the booking process has been missed out and if these are presented properly, it can work in your favour as its tiresome to write all the aspects here.

Thanks & Regards

Advocate Abhishek Sinha





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