• Refund of booking amount

I booked the flat in july, with the promise that i will get builder buyer agreement in 30-40 days.but not got it.i told them i will be travelling for long so need to settle loan before i leave.But no response.And now when i said i want cancel booking, they r saying we do not refund.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

First send him a notice stating that to act according the agreement .. if they still refuse you have to file a civil suit under specific performance

Shiva Bharathy
Advocate, Chennai
81 Answers
1 Consultation

4.0 on 5.0

Do not worry as refusal to refund booking amount is gross deficiency of service and unfair trade practice for which you can seek legal remedy from the consume forum.

Whatever may be the reasons due to cancellation of booking the builder except a nominal amount towards processing charge.

Since the builder has refused to refund the consumer frum apart from directing the refund will grant you enough damages and combination as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

1) What were terms and conditions of allotment ?

2) Is there forfeiture clause in allotment letter ?

3) you can file complaint before consumer forum and seek orders to direct builder to execute builder buyer agreement

4) don’t cancel booking now

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

If builder refuses to refund money on cancellation of booking file complaint before consumer forum and seek refund of money paid by you with interest

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Yes, firstly, try to bring the agreement details if any with you.

Secondly, file a complain in district consumer forum, and also demand for the agreement details from the builder to put on record.

Thirdly and lastly, it is not possible that they are having such norms which say no refund, and anyway the fault is their not yours. Ask for compensation also along with the money deposited.

Good Luck and Contact Me For Further Assistance.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

What does the terms and conditions of the application form, say about refund?

Please reproduce the relevant clause from the terms and conditions of booking/application, which contain stipulation regarding refund.

In any case, send them a legal notice seeking full refund of your deposits. File a Consumer Complaint incase they fail to adhere with the legal notice.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

You'll get your refund provided you take recourse to the most appropriate legal remedy as suggested.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Hi , as per RERA provisions the builder has to enter into an builder buyer agreement after recieving a booking amount .. Not doing so is in the violation of RERA provisions which amounts to penalty on the builder .. It is advisable that you issue a legal notice to the builder asking for the refund of your booking amount alongwith interest .. If the builder do not comply with the notice we can approach district consumer forum or PLA forum for fast disposal of case .. You can meet me at my office in Gurgaon, to proceed further with case .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

1. It is most unwise for a buyer to pay any booking amount without executing the agreement to sell. Payment of the booking amount should be simultaneous with the execution of agreement to sell, else the builders delay the agreement on one pretext or another.

2. Now serve a lawyer's notice to the builder to demand the refund of the amount, and if he does not do so then a suit for recovery of money in the civil court will lie.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

For a concrete opinion please tell that what were the terms of the contract and was there any forfeiture clause in the allotment letter.

I would not advise you to cancel the booking at this stage

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

If the builder has not followed the terms of the agreement and is also not ready to refund the money then you can file a case in the consumer forum for refund of the money, alongwith the cost towards mental harassment and litigation.

Please send a legal notice before filing a case in the consumer forum.

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

You send the communication cancelling your booking by a legal notice in which you demand the refund in full owing to the builder's non-response towards the BBA and non execution of sale agreement.

You should, in your legal demand notice, put the blame on the builder for his non-cooperation and also his lethargicness to reply or respond to your query or your genuine requests.

You can drag the builder to the consumer forum if there is no response to this legal notice also.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Is there a possibility to get my money back,it was hard earned.12 L.

You will certainly get back your money with your interest but you may have to wait for the court' decision which may take at least 2 years to dispose the case.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

If any stipulation violated then agreement be cancelled money be refund

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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