• Is booking amount to a builder refundable ?

We paid the booking amount for an apartment which we liked. Then we got a demand note where the instalment value was higher by 32 thousand than the value quoted in the cost sheet given to us. On being demanded an explanation, the contact person obfuscated the matter and has not replied to my email. I want the booking amount refunded. How should I proceed with the matter ?
Asked 1 year ago in Property Law
Religion: Hindu

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14 Answers

Request builder to cancel your booking and refund money paid by you 

 

2) mention reasons for cancellation of booking as amount sought is higher than intimated to you earlier 

 

3) if builder fails to refund file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

Ajay Sethi
Advocate, Mumbai
75892 Answers
4536 Consultations

5.0 on 5.0

If builder is willing to give you earnest money 100% to you than it's good otherwise as per terms and conditions of sale agreement you need to follow termination clause or maximum 15% of earnest money builder can deduct the amount.

Ganesh Kadam
Advocate, Pune
10162 Answers
91 Consultations

4.9 on 5.0

1. It is not clear whether any sale agreement signed while paying the booking money.

2. if yes then the terms of the forfeiture must be mentioned therein.

3. It appears there is none and in that event you have every right o love put of this deal by cancelling the agreement made orally and get refund of your money in full.

4. If not then you are entitled to seek legal remedy in appropriate forums depending upon the nature of the dispute.

Feel free to contact.

Devajyoti Barman
Advocate, Kolkata
20252 Answers
286 Consultations

5.0 on 5.0

You can cancel your allotment and seek refund of money demanded is more than agreed upon 

 

2) if you have no evidence then on cancellation of booking builder  would deduct 10 per cent of booking amount 

Ajay Sethi
Advocate, Mumbai
75892 Answers
4536 Consultations

5.0 on 5.0

Yes the booking amount to a builder is refundable.

If they are not replying to your mail send them a legal notice to cancel the flat and refund of money in 15 days. 

File complaint in consumer forum/ Regulatory RERA if they fail to refund your money with in notice period.

 

Mohit Kapoor
Advocate, Rohtak
8721 Answers
3 Consultations

5.0 on 5.0

Yes it is refundable.  You can go before rera or consumer court if builder refuses

Prashant Nayak
Advocate, Mumbai
19717 Answers
36 Consultations

4.4 on 5.0

You can complain to RERA for refund due to default of builder. 

Yogendra Singh Rajawat
Advocate, Jaipur
19394 Answers
25 Consultations

4.5 on 5.0

1.Hope you have collected/preserved the brochure based on which you have applied for buying the flat.

 

2. Also hope that you have some agreement entered in to by and between both of you based on which the builder has given you the cost sheet.

 

3. If he has now diviated from the terms earlier set by him, file a complaint case before the State Consumer Dispute Redressal Commission against the builder alleging deficieny in service and unfair business practice claiming refund of your booking amount with interest, damage and cost.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
24274 Answers
670 Consultations

5.0 on 5.0

1. You must have received the terms and condition and/or price of the flat.

 

2. Sometimes those information are mentioned in the application form.

 

3. You shall have to approach the State Consumer Commission as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24274 Answers
670 Consultations

5.0 on 5.0

You are entitled to full refund.

Devajyoti Barman
Advocate, Kolkata
20252 Answers
286 Consultations

5.0 on 5.0

If the builder has cheated or not honored his commitment, yes you are entitled to a refund of the amount.

The only amount he can deduct is if he has not caused any fault and only if you are at fault and the amount to be deducted was revealed to you earlier already.

In case he makes unlawful deduction or does not return the amount to you in full, you can send a legal notice through a law office and he is liable to return the money to you.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

We suggest you to approach the concerned Consumer Forum to seek refund in such a case. you may Before approaching the Consumer Forum issue a legal notice to the Builder through an Advocate.

Mohammed Mujeeb
Advocate, Hyderabad
16538 Answers
11 Consultations

4.5 on 5.0

If there was no agreement entered into between you and the builder, then you may  communicate your decision to cancel the booking in writing sent by registered post and demand the refund of the booking amount  for the reasons  that the builder is making contradictory statements and demands more than the amount agreed etc. 

After that if the demand is not complied with then you may drag the builder to consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

That can be an evidence for having paid the amount hence you may proceed legally against them.

T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

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