Do you have any letter from builder wherein he has stated that you would be eligible for bank loan

2) ask the builder to refund your money as loan amount has not been sanctioned by bank

3) if you cancel the booking builder would forfeit your Rs 5 lakhs paid by you

1) Have they gave you in writing that you are eligible for purchasing the flat in the scheme against the loan sanction, then they have to refund you full advance amount as here the cancellation is not done from your side but from builder's side. So now the ball is in builder side.

Send them legal notice and thereafter if they do not reply file a civil suit for recovery of money along with interest and also consumer complaint in jurisdiction consumer forum for unfair trade practice and deficiency in service and claim for heavy damages.

Hi,

You need to send a notice for complete refund along with interest and compensation because you were given incorrect information by the developer.If not refunded on legal notice, file a case in RERA.

you can file a case before District Consumer Forum for deficiency in service by builder. in that complaint you can claim your capital or invested amount with interest and compensation for mental agony etc and litigation cost.

Sir are the loan eligibility checked by them was confirmed to you in written or through mail?

You can also file a complaint with the RERA authority for refund of your complete amount from the builder citing the reason as stated above that the builder/developer misguided you further since there is no Builder buyer agreement in place so in case it would be better to approach the consumer court.as Maharashtra RERA has ruled out that no agreement you won't come under the preview of RERA.

So file a consumer.complaint for malpracitce by the builder and for refund of the complete amount along interest.

If you have anything in writing regarding the your loan eligibility confirmation from them then can move to consumer forum against the Builder or file money suit in the Civil Court.

As you have paid 10% of your initial deposit along with the application form which contains direction of 10 % from the application amount in case of cancellation this is a valid agreement and you may not get any support from the law to save this amount.

Firslty, as per the information mentioned in the present query, makes it clear that you have been cheated by the builder.

Secondly, it is right that you gave the cheque, and entered into an agreement where it has been mentioned that 10 percent will be forfeited.

Thirdly, but, the reason for entering into the agreement was the eligibility of your for approval of loan, which the lead to you.

Fourthly, you should file a case in RERA, so that you can get your money back.

This my response to you:

1. Firstly send them a legal notice;

2. Narrate this also add the communications had with them stating that the loan would be eligible;

3. Tell them you are entitled to full claim;

4. For every delay they make they should pay you compensation for the loss suffered by you;

5. If RERA registered then approach RERA;

6. Consult a local lawyer and take legal steps.

1. FIRSTLY, serve a Legal Notice to the builder mentioning the sequence of facts and state that due to faulty promises of loan & failure to arrange loan, you are cancelling the agreement and demand refund of full payment and interest thereon, within 14 days.

2. IF the builder fails to honor the Legal Notice, THEN file a proper grievance petition before the local RERA authority (Bandra), wherein you will surely get positive relief. You also have further alternative to file matter before the local Consumer court.

Keep Smiling .... Hemant Agarwal

1. what was the reason given by builder for not being eligible for loan?

2. you have not cancelled the booking

3. it is the builder who on the pretext of not being eligible for loan has unilaterally cancelled the booking

4. and how can the builder decide whether you are eligible or not?

5. it is for the bank to which you have made a loan application which will decide on your eligibility

6. so if the cancellation is not from your end then builder has no right to forfeit 10%

7. this is a misrepresentation which comes under ambit of s.12 of RERA

8. you will have to file a complaint with RERA

1. As per new RERA Act, upon on cancellation of flat then entire booking amount has to be refunded.

2. I suggest you to issue legal notice demanding refund.

Hi, you are entitled to get the entire amount refunded .. It is advisable to file a complaint and seek refund under section 11 of RERA ..

Did they give you in writing that you were eligible for loan under sub-vention scheme?

In any view of the matter, send them a legal notice and claim full refund.

If need arises, approach MAHArera.

The conditions for allotment letter are not legally enforceable until and unless you have a registered agreement with conditions for forfeiture.

You can issue a legal notice communicating your decision to cancel; the booking blaming them for the debacle of false hopes for eligibility of bank loan as reason for cancelling the booking.

If they still stick to their own condition on forfeiture then you may approach either RERA or consumer forum for recovery of entire booking amount.

Ask them to pay entire money.

You are not liable to pay 10% since the same is not being cancelled because of your fault.

if they do not agree send a legal notice to them and later file a case before the consumer forum.

Regards

As you had bought the flat under subvention scheme, and later on the Builder retracted his statement by stating that the property is not eligible for subvention scheme, therefore you are not liable to pay any amount to the Builder due to such cancellation as the cancellation is done due to the deficiency on part of the Builder.

Start by sending a legal notice to him asking him to give entire refund along with interest if he fails to do so, you can file a complaint against him in consumer court or RERA.