I have booked a flat total costing 52 lakhs, I have paid 7% of the cost as application amount Rs. 3,62,000. 00 After that as per scheme of the builder we have applied for loan, The builder at the time of booking said me that they have association with HDFC and Indiabulls, Indiabulls have denied me for loan because I donot have any local address proof (Having local address was not informed by builder while signing application form) and I asked builder to apply by HDFC, Builder replied for not having association with HDFC. Builder continue said to manage loan from another Bank or NBFC but even after 4 month builder could not manage association with any NBFC and Bank. Now when I asked builder to return my Deposit money he refuse. For information I have not sign any agreement, There is a clause in application form as below " to retain 10% earnest money or Total cost and 25000.00 which ever is more at the time of cancellation" Please guide.
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Hello,
1) Though the builder promised to get you a loan sanctioned, all friends on your eligibility to get a loan. However you can hold the builder liable for the debacle as he had misguided you to get the booking.
2) If there's a clause in the booking form regarding the charges at cancellation they will be binding on you especially in the absence of any Agreement with the builder. You must seek a settlement from the builder which would be more practical.
Hi, it is advisable to issue builder a legal notice for refund of your booking amount .. If he does not comply with notice you can file a civil suit for recovery in court ..
Hello,
Send him a legal notice failing of which if the construction is under RERA then file an application else file a case in the Consumer Forum .
Regards.
Project is under Rera.
Sir see if in booking it was promised that builder shall provide loan facility by associating with bank and NBFC then he would be accountable for same. But if you have no proof of same then in that case builder can refuse to pay advance back as arranging for loan is your side of agreement no builders.
So to get out of this with minimum loss best way is to settle with builder to deduct minimum amount and refund rest of the amount like 25000.
Further if he is not agreeing for same and you have proof of his pro.ise for association with banks propise file an application before RERA authority the RERA complaint for the refund of the amount.
Further for false propise on booking you also have alternate remedy of consumer court on ground of malpractice and deficiency of service seeking refund of the amount.
1) builder can deduct 10 per cent ie Rs 36200 as per terms of application form in case you cancel the booking
2) if builder is refusing to refund any money file complaint before RERA seek refund of your money paid to the builder
3) in alternative file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
If project is registered with aRERA file complaint before RERA against the builder for refund of your money
1. The verbal agreement is as good as agreement as a written one and hence on payment of money there was an agreement which is enforceable under law.
2. So the builder in no way can forfeit the money to deduct money more than what was agreed upon.
3. Now if it refuses to do so you can file case before the consumer forum where you will be awarded with full refund with interest along with damages and compensation.
You will get 100% advance as refund as you have not signed any sale agreement plus the project appears under RERA.
You can make complaint in the RERA and Consumer Forum of your city.
If you've not signed any agreement/booking form with this builder, builder can not even deduct a penny from RS. 362000 paid by you.
First send a legal notice to this builder.
If he does not refunds your deposit despite the legal notice, file a complaint under RERA.
First to file consumer complaint for deficiency of service on the part of builder by claiming back your earnest amount along with claim of compensation.
Secondly you have option to file civil suit for recovery of amount so given by you as earnest amount.
Obtaining loan is not the job of the builder, it is the buyer who has to manage the same.
If you want to cancel the booking you may communicate the same in writing to the builder and demand refund of the same, if there is no proper response then you may either approach RERA or consumer forum directly.
Project is under Rera.
Then you can very well approach RERA for getting your grievances redressed.