1. The Complete forfeiture clause even if incorporated in the sale agreement is not enforceable under law due to its unconscionable nature.However there is no need to agree to such terms in the agreement.

2. Yes, anominal portion or a fixed sum is often included but not the entire sum of money.

3. SO if you you wish tir cancel the agreement you can send them a legal notice seeking full refund in default of which you can file civil suit for recovery of money.

4. If the seller is a builder then you can file case beofre the consumer forum to get expeditious remedy.

1) e-mails are admissible in evidence

2)if they fail to refund then issue legal notice for refund of money with interest

3) if the fail to pay in spite of legal notice file suit to seek refund of money with interest

4) they can seek time to make payment

5) seek post dated cheque for refund of your money

6) you ca engage a local lawyer to file case

7) your presence would be necessary during trial

They have no authority to deduct the money and further they have confirm in the mail that they would refund the amount and it is their duty to return the amount and if they fail to return the amount, then, first you have to issue the legal notice ask they to refund the amount and if they failed to refund then you have to file consumer complaint against them for the deficiency of service.

Hi

Since the seller(Directors and Sale Head) have committed to you in writing(by email) that they will refund the money in the event of cancellation before 20 December 2017, the Seller has to repay all of your monies to you without any deduction whatsoever.

a) As an NRI, you should send them by email (to their corporate mail ID) the Notice of cancellation.

b) In the same notice you should also ask for them to refund the money.

c) Actually if you had entered in to an agreement, probably the money paid by you would have been treated as advance payments and the sellers would have been at liberty to deduct a percentage of money(as costs) and refund you the balance

d) In absence of agreement, your money is a booking amount and as per law all booking amounts needs to be refunded without any deduction.

e) Please keep all your communications in writing by email.

f) If they have confirmed to you orally that they will inform you in writing on the date of repayment, you should put it down in writing by email.

g) There can be a delay in refunding your money. But delay cannot exceed 90 days. For delays in excess of 90 days, the seller needs to pay you bank interest rates as cost.

h) You need to ensure to keep in touch with the seller through mail.

i) Given that we have Real Estate Regulation Act, Consumer forum etc which are very strict with real estate guys, the builder might delay the refund for a short duration of time. But beyond a certain period of time (say 4 months from the date of payment), he cannot avoid the refund as law will catch up with him.

j) Even if you are based abroad, your lawyer can conduct the proceedings under RERA /Consumer forum. Your presence is not required for filing the case

Hope this information is useful.

Answering to your questions,

** As per Sec. 45A, 65B of Indian evidence act, emails are considered as valid proof to prove the allegations.

1. Issue power of attorney to any of your family member or friend ( even to your advocate ).

2. As the the email, they can not deduct and entire money should be paid back to you.

3. They have accepted through email that they receive the payment. So, it is the proof.

4. Either you can file police complaint against them, if your money not paid back Or/And You can approach consumer forum.

5. Whether you go aggressive or not, depends upon their oral confirmation on paying your money back. But, My personal opinion is that they would drag the payment.

6. I suggest you not to agree, if they say they would need 75 days time to refund.

As per the email, once the contract is withdrawn you suppose to get the payment immediately.

You can issue power to somebody to attend all investigation / proceedings.

Hi,

The payment is based on confirmation for the payment with the refund confirmation before 20th Dec 2017.

You should have paid the amount on an application but you paid in good faith.

There is no clause in the mail for deduction.

If they do not refund then you can file a case in the area court of your police station as criminal complaint under sections 420 and 406 IPC IN SESSION COURT.against the person's and directors who have cheated you.

1. You shall have to send them a legal notice calling upon them to refund you the amount paid by you within next 10 days failing which you shall be compelled to take remedial legal action against them. If tyhey fail to refund you the said amount with in nest 10 days, file a complaint case before the local District Consumer dispute Redressal forum against them alleging deficiency in service and unfair business practice claiming refund f the entire amount paid with interest, damage and cost.

2. In the given circumstances, they can not legally deduct any amount.

3. Yes, you should have executed and registered an agreement for sale to be highly safe legally in your dealing.

4. File the consumer case as advised above and chances of getting back the entire amount is very high. Al;so lodge a police complaint against them bringing the charge of cheating against them and if police does not act, file a Writ Petition against police inaction praying for a direction upon police to register FIR based on your complaint and act accordingly to give you relief.

5.Lodge a police complaint and file the W.P. in case it is required as suggested above and then file the complaint case before the Consumer Court as suggested above.

6. They can not delay for even one day as per their email confirmation. However, you shall have to take the above suggested legal recourse to get back your money.

7. You have a very good chance to win in all the cases as suggested above. You can file the said complaint and also case and then leave the Country after executing POA in favour of any of your friend or relative who will represent you in case of any legal need.

1. Seek refund of your entire deposit by writing a mail to them. It was agreed in between you and them that encase you withdraw your booking by 20th Dec, they will refund you your (entire) booking amount. Hence, the position is plain and simple that they are bound to refund your Rs. 3 lacs.

2. No.

3. No. The E-mail conversation is sufficient and entitles you for the refund.

4. Send a legal notice for recovery of your deposit.

5. Write a mail. Follow-up with them.

6. Depends on them.

Give them a window to repay. Take a legal action only once they faulter. You may give a POA to your agent in India, who could be one of your friend or family to handle this case on behalf of you in India,

Hello,

Immediately send a legal notice for refund of money alongwith interest within a specific time. If they fail to refund the money even after getting the notice, you can file a suit for recovery of the money.

Since all the conditions have been mentioned by the company in the e-mails therefore you have a good case and they do not have any authority to keep your money. These e-mail will be a good evidence, the same will be submitted alongwith an affidavit under section 65B of the Indian Evidence Act.

Yes you will have to be present in India if the case is filed. However, after the first day by permission of the court you may appoint a POA to appear on your behalf.

Regards

Hi sir , the cause of action will arise after 20/12/17 , if they fail to make the payment .. After the due date if they do not refund the amount you can politely persuade them telephonically to refund the amount .. If they further delay the payment , send them a legal notice to repay the amount within 15 days failing to which you can file a recovery suit .. You have a strong and favourable case , as they have accepted thier liability through e-'mail conversations

Mr Imran execute a special power of attorney in favour of someone who can deal with the problem in India. And that attorney holder can interact with the company to take the refund of booking amount on your behalf. The company is not supposed to deduct any money, and in case they do the attorney holder can take the legal action against the company.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Since they have agreed to pay the entire amount without any deduction and also you have canceled the booking on the basis of their assurance on 09.12.2017, you just allow them time till 20th Dec and then after one or two days, you may send a reminder to them about the payment and also you may insist on payment by transfer to your bank account or to pay it by DD.

You can think about all other legal options after exhausting this remedy

If you want to claim money for stress and unnecessary expenditures then a case at Consumer Forum is to be filed. The sale will take around 2-3 years for the disposal. It is a long procedure and definitely you can claim money for mental harassment and legal expenditure.

However, if you prefer a complaint before RERA then you will get the amount as agreed in the agreement. Also RERA is fairly a new legislation and seems to be effective in some states. There is a time limit of 6 months provided in RERA for disposal of the case.

If you file the case before RERA then resolution will be quick and you will not have to appear frequently.

Regards

Cases before consumer forum take 3 years to be disposed of

You can file before RERA or before consumer forum

3) may require number of hearings

4) you can claim compensation for mental torture undergone by you

5) file before RERA

1. Before approaching Rera forum, check whether the builder have registered with RERA. As far as i concerned, many builders in kolar not registered with RERA. And, also you do not have agreement with the builder. So, you can not approach Rera forum. In summary hearings with consumer court, you can expect court decree in 1 year ( maximum ).

2. Since you need initiate the case with consumer forum in Kolar ( complainant friendly ), Hearing depends upon defendant lawyer.

3. You can claim damages ( court fee,advocate fee,personal expenditures ... etc ) from the party.

4. Instead of above steps, as I mentioned earlier, you may consider to file criminal case for cheating/breach of trust ( to pressurize builder to settle the money ) against builder If they are not releasing your payment on time.

You have to choose either between RERA and consumer Forum.

By means of the legal notice, give them a window of 3 weeks to process your refund. You can approach the Court thereafter.

Yes, you can claim compensation and damages in lieu of mental harassment, stress and torture. You can also claim the cost of litigation.

Case in RERA could taken anything between 2-4 months. Consumer Forum will take a long time in comparison to RERA.

Cannot say about hearings.

It is advisable that you go ahead with RERA.

In consumer case you can demand compensation for mental agony too.

The time taken for disposal cannot be predicted owing to various factors involved in the consumer case.

If you want to have solution or relief or remedy you may have to follow the arduous procedures of law and endure the practical situations

1. The Consumer Forum may take 1 to 2 years to dispose of the case from the date of its filing.

2. You should claim refund of the entire money paid by you with interest as per Banbk FD rate, damaged caused to you for mental trauma etc and also cost for filing the said case.

3. The entire legal cost can be claimed from the vendor and legal cost in filing case before Consumer Forum is less than filing cases before the Civil Court.