• Refund of booking advance

Hi,

I paid Rs 1Lakh as booking advance for a flat in Bangalore on 6th Nov 2016, though i asked for a receipt but he only provided me a confirmation of receipt through SMS. There is no agreement with the seller till date. As it is a completed and ready to occupy property we not got any booking form too. the seller is the land owners, he is selling his share of property out of the joint venture with builders who constructed the flats.

Now during last week of Dec 2016 i informed him that i will not be able to buy as due to my financial problem and as they also don't have OC, and other required NOCs. On 2nd Feb 2017 when i met with him towards the cancellation and refund of Booking advance he 1st refuse to refund and afterwards told will consult with his lawyer and inform me. On 4th Feb I sent his SMS for cancellation but not got any respond till today (7th Feb).

Request your advice on the matter, whether i am eligible for the refund or not.

Thanks & Regards,
Anil
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

there is no clause in your agreement for forfeiture of advance money paid

2) hence seller cannot forfeit advance money

3)issue legal notice to builder to refund your advance money

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. It is not clear whether you had paid him in cash or through cheque or other mode.

2. The sms is difficult evidence of payment.

3. Anyway send him a legal notice seeking the refund failing which warn him with legal action.

4. If he does not budge then lodge complaint with local police for a case of cheating.This would give you speedy result.

5.The civil suit for recovery of money would take long time.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

it is surprising you advanced Rs 1 lakh for purchase of apartment without any booking form or allotment letter . you dont even have receipt

2) issue legal notice as advised

3) since there is no clause for deduction builder cannot deduct any amount

4) legal notice should be in name of firm . partner was acting for the firm

5) bank statement together with sms confirmation would be treated as evidence of payment

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

If you have proof of the advance paid by way of cheque or bank transfer, you can very well issue a legal notice to him demanding your booking amount in full.

He cannot refuse neither he can deduct any amount since there is no agreement or any conditions between you both.

If he fails to return the amount, you can file a money recovery suit against him.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The situation is advantageous to you bcause he cannot deduct any amount while refunding in the absence of any condition of agreement.

2. In the absence of any agreement or conditions he cannot do so, if he does you may file a criminal case against him.

3. You can issue legal notice to the person who received the advance amount.

4. Yes the evidence in your possession would help you recover the amount legally.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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