• .After paying 7 lakh due to finical prob.Paid through chque only.

I have booked a flat & paid Rs 1 Lakh as a booking amount, then again after 8 months, builder asked me for Rs. 4 Lakh next 8 month i paid 2 lakh A S Construction, all payment made by chque.Builder not submited me any doc..ment of 7 lakh....then i plan to cancel it

next i was not able to pay amount ,builder as to drop cancelation now,builder told me to he will deduct 10% of 7 lakh.and 20thousand more he will return me about 6 lakh , if flat will be sold to new party
 now 8 months passed he making excuse.i want my money as need it urgent.
all that money i paid to him by bank...he has not provied me any other doc.6 months passed
2) Terms and condtions of booking form are legally binding or not.
3) Please advice legal options to get back my whole money.
 He was just telling me i will provide u Money 
Anand kumar singh
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) terms and conditions of booking are legally binding

2) I presume you cancelled the booking yet builder failed to refund Rs 7 lakhs paid by you

3) you can file complaint against builder before consumer forum and seek refund with interest, litigation costs and compensation for mental torture undergone by you

4) builder can deduct 10 per cent of booking amount if clause to that effect in booking firm

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

1. You will have to refer to the sale agreement to find out whether any terms is there or not to find out the clause regarding deduction of money. The clause if not one sided is binding on both of you.

2. Since the cancellation is made due to unfair trade practice of the builder the reason of cancellation is reasonable.

3. SO the builder is not entitled to make any deductions.

4. However of the builder is not returning the money you can file case before the consumer forum seeking refund of whole amount along with interest , damages and compensation.

If you want my assistance in doing so you may feel free to contact me at [deleted].

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. What are the terms and conditions mentioned in the contract form? Both of you shall have to comply with the terms mentioned in the contract. So, find out what the builder has not complied with as per the terms mentioned in the said contract on based on the said lapses on the part of the builder, write him that you want to cancel the said agreement/booking for his not complying with the terms of the agreement and in that case you can claim that you shall not pay any cancellation charge for cancelling the booking of the flat.

2. You can file a complaint case before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming refund of the entire amount within 30 days with interest and penalty for further delay beyond 30 days at penal rate of interest as decided by the Forum with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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