Hello sir , for the refund of amount you can approach consumer forum.. However it is not only a case in which you seek refund of amount but it also leads to criminal breach of trust and cheating which is punishable under section 406 and 420 IPC .. Kindly elaborate on the matter more ? Was there any inital agreement executed with you ??
Booking amount given without my consent and without signing any application form
Hello sir, This is regarding complaint against SQUARE YARDS , Located in noida. They took the booking amount cheque of 3lakhs and told me that it will only be depsoited to builders acxount after they allot a flat. But they deposited the cheque without my consent and no deed or agreement has been signed so far. How can i get my refund? Pankaj arora Chief officer +91 98256 06816
Asked 8 years ago in Property Law
Religion: Hindu
17 Answers
File a criminal complaint against them for criminal breach of trust.
Also you can send them a legal notice and then can subsequently file a case in the consumer forum for deficiency of services.
Regards
Let me know if I can be of some help
Since they have encahshed the cwhque that amount to acceptance ofyour offer to book a falt.
Now send them a legal notice seeking written confirmation on allotment of flat.
If they do not you can file case beofre the consumer forum where you will get direction on refund of money along with interest in addition to enough damages and compensation.
So do as advised above.
Please send a legal notice to the builder citing all the agreement and the condition of the payment.
Please ask for the refund of the amount within 15 days else you may complain in the local police station u/s 420, 406 of IPC.
YOU MAY FILE THE CRIMINAL COMPLAINT IN THE LOCAL COURT AS WELL IF YOU DONT WANT TO GO TO POLICE STATION.
You can get refund if you don't want it
1) issue legal notice to square yards to refund your money
2) mention that no flat has been allotted , no allotment letter issued yet booking cheque enchashed
3) if builder refuses to refund file complaint against builder before consumer forum and seek refund of money paid by you with interest
1. Issue legal notice for the recovery of the money.
2. Approach consumer forum and file suit for recovery.
File a police Complaint. File a complaint for recovery of money at consumer court stating all the facts in the complaint.
In whose account was this cheque deposited?
Send a Legal Notice, calling upon square yards to forthwith refund your booking amount of 3 lacs.
Incase they fail to comply with the legal notice, lodge a FIR against square yards, together with a summary suit for recovery.
You can get refund as you paid by cheque the mony
What was the basis for this payment made by you, is it for booking, then did you get a receipt for that?, did you get a copy of the proposed agreement ?
Have you agreed for any clause under which the cancellation clause will be affected?
If you do not want to continue the booking, you may send a communication in writing sent by registered post communicating your decision to cancel the booking and demand the refund of the amount paid by you within a time stipulated therein.
If there is no response or no proper reply you may sue them for recovery through a civil suit or drag them to a consumer court as well.
Good day All, Thanks a lot for your replies in my previous question regarding the refund of my booking amount. Now after a month I got an email from Mr.Satish Batra from his official email address who is a real estate company "Sqaure yards "employee that my amount will be refunded by 25jan 2018. So I woulk like to know that should i still.proceed with the legal notice or should i wait. And will this email be of of any value in the court of law? And FYI:I also have a call recording in my cell where mr satish has also agreed that he has depsoited my cheque in builders account without my consent.
Asked 8 years ago
Wait since company has assured you that money would be refunded by 25th January 2018
This may be a dilatory tactics adopted by that person, it depends on how much the so called person is reliable.
If you suspect his genuineness, you may decide to proceed legally or if you would like to give another chance then you may decide to wait for the deadline without thinking of extending the same beyond that period for any reason and you may communicate the same to that person immediately by a registered post so that this tremains an evidence for his commitment towards this.
You should wait till the said time.
There is no point initiating the issue from your end.
Regards
Wait this 25th of Jan before taking a legal recourse.
Yes, this E-mail will be of great help to you, in case this matter finally travels to the Court.
It is great that you have evidences with you, wherein the builder has admitted his liability to refund.
Email evidence is a valid one so wait for some time