• Refund of my advance amount

Dear Sir,
I have taken one plot from Sunlight Abason pvt.ltd. 5, Santosh Roy Road, Sakher Bazar, Thakurpukur, Kolkata-700008, WEST BENGAL Plot (# 93) under Opposite Party’s Bishnupur city project located in Thakurpukur, Pailan. The cost of the plot was Rs. 11,70,000 under the guidance of Mr. Raja Sekh (Marketing Manager) of Opposite Party. On 28th February 2014, Mr. Raja had forced Complainant to pay 30% for total booking amount. So, Complainant made a Cheque payment (CHEQUE WDL TRF 400307 TRANSFER FROM 30970425856) of Rs. 3, 51,000 towards this purchase.
On 3 March, 2014 Mr. Raja informed that the plot allotted to me was sold to somebody else and his boss, Mr. Shamir Nashkar confirmed the same. I did not want to take any other plot and requested them to refund the amount which had been paid for the booking of the earlier plot. However, both Mrs. Chaitalli and Mr. Raja forced me into accepting another plot with a number: 161. Following this, on March 15th 2014,
Till now I have not paid the installment also, I have only the money receipt with me. I am outstation client. No other documents was given by the company, even Mr. Naskar is also not picking up the phone and not responding to the mails. 
Kindly suggest what will I do to get back my amount with lot of difficulties I have arranged the money to buy the plot.
Anyway to get back my Advance amount.

With Regards,
Vani Anurag Dutta.
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. Your claim that you were forced to pay the booking amount and then were forced to accapt alternate flat will not be acceptable by the Court,

2. If you were so forced to act against your will, you should have lodged a police complaint accordingly before the police station which you have not yet done,

3. However, if you do not get the flat you were offered and accepted on the scheduled time, you can file a consumer complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate handing over of the booked flat and its regiatration with rent for the delay, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you should not have accepted alternative plot

2) what were terms and conditions of booking?

3) when were instalments due?

4) is there any forfeiture clause?

5) you can cancel the booking and seek refund

6) if builder refuses refund move consumer forum and seek refund with interest

7) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1 This is quite common for the clients who stays outside Kolkata.
2. DO not worry. You have a good case.
3. Since you have paid the booking amount in time, the builder can not sell the plot to someone else and since they have done this they can not force you to go for another pot.
4. Now send them a legal notice cancelling the booking an asking for refund with full interest.
5. If they refuse you can move to consumer forum for refund amount and the compensation.
Since you are from Kolkata feel free to contact.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. How was the complainant forced? What is the nature of force which was employed on the complainant? 

2. Was an agreement entered into between you and the builder prior to you paying the advance amount?

3. The agreement after it is entered into ranks sacrosanct. You cannot be compelled to accept a plot different from the one which you had booked. 

4. Move to court and sue the builder for recovery of your amount with interest by filing a case for recovery. You should engage a local lawyer for your case.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Hi, as there is deficiency of service on the part of builder so first issue a legal notice and ask them to repay the amount and there afterwards file a Complaint before the Consumer forum for the recovery of the money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
A. In your case, the builder has committed a mistake under the unfair trade practice. 

B. Issue a legal notice to the builder to refund the amount with the interest.

C. Subsequently, you can approach the Consumer Forum to file complaint under the deficiency in the Service and Unfair Trade Practice  by producing the payment receipt as well as cheque payment proof.

D. You can recover the same amount by approaching the court by filing summary suit by showing the amount transaction and claim damages for mental agony.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0

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