Kalyan Datta (IT) 06 September 2013

Refund of booking amount

Hi,

I have paid of Rs. 7 lacs for booking of a residential flat and the payment was made through RTGS. Now when the agreement papers is almost ready for signing, the vendor is telling that they can not make any partition deed of the property by which my ownership on that property will be in stake.

For that reason, now, I have asked the vendor to refund of booking money as it is but the vendor are refusing the same stating reasons that they have already utilised the same.

Please suggest how can I refund the money ! Can I suit a file against them?

Thanks,

Kalyan

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4 Replies

Bhargava S.K. (Legal Practitioner & Vice Chairman HRIDAI) 06 September 2013

Yes That is the only Choice. U R not only entitled for interest but damage also. It is a fit case for the Consumer forum.

Advocate Ravinder (Advocate/Attorney) 06 September 2013

First issue notice to the vendor. If there is no response, file consumer case, where you can claim interest and puniitive damages from the vendor.

Kalyan Datta (IT) 18 September 2013

Thank you so much Sir for your valuable suggestion. Kindly let me know if there is any waiting period for the same. As the vendor is telling that he will refund the same by the end of November 13. Should I wait till November 13 and take action after seeing the consequences ? Please suggest.

Advocate Ravinder (Advocate/Attorney) 19 September 2013

Yes you can wait but ask him to give the same in writing on white paper. In the alternative, ask him to reply to your legal notice. Otherwise, you will lose the limitation period to file consumer case.