• Is token amount refund is possible from the promotor

Hi,I have booked one plot ,and paid 50000 Rs as token amount,after that we cancelled the plot.now,is it possible to get that token amount from the promoter fully or partially?
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

If you have not signed any form or sale deed than you may get refund amount. Otherwise you have to terms and conditions of cancellation from the prospectus.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Builder can deduct 10 per of booking amount in event of cancellation of booking 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

Token amount is not refundable it can only be adjusted upon execution of contract. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See if there is no agreement and there is no terms and condition of booking signed then you can give legal notice to promoter asking refund  in case he fail to refund you can file a consumer complaint seeking refund along the interest. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there is any agreement that token will be forfeited then you cant get it otherwise you can claim the same

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

Dear client 

It is possible if there is refund clause in the agreement done by you.

And if there is no agreement then and you can prove the payment of rs 50000 to promoter then you can file recovery suit in civil court to recover your money from promoter 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the payment is made by cash then you can't claim from him. But if the payment is made by cheque then you can claim that money firstly send the legal notice and after that you can file a case against the person under order 37 code of civil procedure.
there is one more thing, if you have any document with respect to token money i.e. any documentation then also you can claim the amount.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

depends on any agreement between you and the promoter

if you cancelled the booking, then the promoter  would have forfeited the token

in some cases on cancellation, certain % is deducted from token and forfeited and balance is refunded without interest

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

1. What was the terms for booking and its cancellation agred by both of you or as has been mentioned in the brochure published by the promoter?

 

2. If it has been mentioned that no booking amount will be refunded, then you wilol have remote chance of getting it back.

 

3. If there is no mention of any forfieture clase, then you can claim the entite booking amount back after cancelling your booking.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If the plot was cancelled due to any fault on part of the promoter, you can claim full refund of the token amount by filing a complaint in RERA or Consumer Court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Client,

Allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. So find fault of buyer

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

you write to the promoter about your decision to cancel the booking and demand for the refund of the booking amount and send the communication by registered post.

Let him give a reply after which you can plan to resort to legal action if necessary

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

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