M/s Purvankara held an exhibition in Bangalore in September 2017. M/s Purvankara offer a 18 month interest refund/discount for bookings done during the exhibition. I showed my interest in a particular flat. I was asked to book a flat by paying a booking advance of RS 3,00,000 lakhs which I paid. In this regard the sales person Sri Bhat and Sri Sarath of Purvankara orally assured me that the 3 lakhs was being taken only to lock in to the interest discount offer which was open for only a few days and that anytime before signing the Agreement I could cancel the booking and the 3 lakhs would be returned in full. Later when asked to refund the advance Sri Bhat and Sri Sarath said that they had offered the refund only till I say the flat (which is a wrong statement) and refused the refund the advance saying that the application form signed by me stated the advance was not refundable. Please help me get back my advance of Rs 3 lakhs
1)issue legal ntoice to builder to refund your money as you have cancelled the booking
2) if builder refuses file complaint against builder before consumer forum and seek refund of money paid with interest
3) kindly go through the application form signed by you
4) does it mention that on cancellation of booking advance paid would be forfeited
5) if there is such a clause you would not get any refund
Dear sir
This seriously a cheating to consumer. consumer action needs to be taken. Pls give the documents we will ensure that the amount will be refunded on priority.
Feel free to reach us
1. Send a legal notice through a Lawyer to get your refund of money.
2. Retain the brochures which induced you to book the flat by paying refundable advance amount of Rs. 3 Lakhs.
Hello,
Send a legal notice to the builder for getting the refund of the advance that has been paid by you.
If he does not respond to the legal notice then file a case before the consumer forum for unfair trade practices.
You will get the interest along with the cost of the litigation.
Regards
Send a legal notice to the debtor and seek your dues which are outstanding.
If they do not refund your advance payment despite the legal notice, file a case against them in consumer court/RERA.
1. Well all booking amount once cancelled is liable for refund to the purchaser.
2. However the builder can deduct a nominal amount towards processing fees.
3. Please note under no circumstances the whole booking amount can be forfeited if the purchaser decides not to proceed with the purchase.
4. Do note even if there is mentioning of ' no refund ' then also the builder is obliged to refund the money.
5. So in your case if the developer refuses to return your money file a case before the consumer forum which would direct the developer to make full refund along with damages and compensation.
1. You have acted on oral assurance and not based on anything written for which it will be difficult for you to prove your allegation.
2. Have you got copy of the application or any brochure inviting application for buying flats and is there anything mentioned therein that the advance amount will not be refunded?
3. If no, then file a complaint case before the local District Consumer Dispute Redressal Forum against M/s Purvankara alleging deficiency in service and unfair business practice claiming refund of the amount paid by you with interest, damage and cost.
4. You can also lodge a police complaint for cheating you against the owners of M/s Purvankara, Sri Bhat and Sri Sarath of Purvankara.
You can file a suit for recovery of money with jurisdiction court if you have receipt of the money advanced. Also note that if there is no agreement on stamp paper their contention is not valid as such you can file for recovery of money. Also can approach jurisdiction police filing cheating case against sales agent for misrepresentation and taking money.
Dear Sir,
It attracts offence under section 415 and 420 of Indian Penal Code. If you are ready then get all the addresses of Directors of Purvankara Company and file a private complaint under sectin 200 CrPC. They are bound to refund the moment they receive legal notice. Then file another case before the Consumer Court.
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Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
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Section 420 in The Indian Penal Code
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
You should immediately send a legal notice to the builder communicating your decision to cancel the booking and demand the refund within the time stipulated in the legal demand notice.
After that you can drag them to consumer forum for relief and remedy.
1. File matter before the local consumer Forum /Court, where you will get success, against such nefarious developers /builders.
2. Also check to file complaint under RERA, against developer /builder.
Keep Smiling .... Hemant Agarwal
The application I have signed while paying booking amount of 3 lakhs has a clause which says that in case of cancellation of booking the booking amount shall be forfeited. Can I get back atleast 90% of booking amount as I have seen in your advise elsewhere that it possible
Builder would forfeit your advance
File complaint before consumer forum and seek orders to direct builder to refund your money with interest
1. It all depends on what is written in the agreement signed by the purchasers while booking the flats.
2.In some cases it is mentioned that 10% of the total price of the flat will be deducted in case cancellation of agreement.
3. In your case when it has been mentioned that the entire booking amount will be forfeited in case of cancellation and if you have signed the agreement after reading the said clause, then you hardly have any ground to agitate.
4. However, if they have got your signature on the agreement deceptively then lodge a police complaint for cheating you against the owners of M/s Purvankara, Sri Bhat and Sri Sarath of Purvankara. and file the complaint case before the Consumer Forum as suggested in my earlier post.
You can get entire amount as you can allege fraud committed by the builder in your petition also the agreement is registered or not and is it signed on proper stamp paper if not you can claim entire amount.
The clause what is mentioned at the time of booking is arbitral and not maintainable in law.
You issue a legal notice seeking refund, let them give a reply, after which you can plan to initiate further legal steps in this regard.
1. No amount can be forfeited on cancel of booking by purchaser /builder, IF consequently the builder has not suffered any losses. RERA will favor the Purchaser.
Keep Smiling .... Hemant Agarwal
In that case you will have to challenge such clause and approach the consumer forum.
Regards