• Flat reseller is not refunding my booking/token amount

Hi,

Myself (buyer) & flat seller made a 90 day's resale agreement on 29th July 2019 for a 3bhk flat available in Panchsheel Greens, Noida extension. At the time of agreement, i have given him 5 Lacs as a token money to seller. At the time of booking, seller promised that he will do his own registry first and after that there will be a TM and further my registry again. I have been waiting for his registry for last 75 days but still his registry was not done by him due to not doing complete payment to builder. Now he is requesting again to give some time for this. But now i can't trust him because he did't take a single step further since the day of agreement made between us. Now i'm requesting him to refund my deposit/token amount to me & cancel the deal. But he is not ready to give us money, he is saying to cancel the deal first and then take a cheque from him (seller). But in this situation, how can i cancel the deal first without any getting money credit in my account. He can also do a fraud if i cancel the deal then he might also not make us payment. His cheque can also bounce after cancellation of deal. So should i wait for payment credit in my account then cancel the deal? What should be the right step here? Please guide me....
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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10 Answers

See you can ask a Demand Draft from him of that amount and can ask him to handover same at time of signing of cancellation agreement and the DD details can be mentioned in the cancellation deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can make police complaint and complaints in consumer forum and in RERA office of your city.

 

Or make cancellation deed against the DD or master cheque of refund amount.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

Warm greetings!!

Firstly you are reseller the builder had already entered into agreement with other party after cancelling you have entered into same ..

Agreement to sale is registered then you have a valid grounds ; go through the terms and conditions based on which you can approach the builder to refund amount and at the same time can enter into cancellation agreement 

Builder cannot deny for the same its the builder obligation if the party is not willing then based on the terms he has to refund if not you can send him a notice for refund of advance amount paid towards the flat and to enter cancellation agreement inspire of legal notice if the builder is not ready to refund and enter into cancellation then file a suit for refund!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Send a Legal Notice to the concerned person along with whom you entered the agreement , through a good advocate. In this notice the concerned person will be given a time period resolve the dispute and return the said amount. In this type of matter Legal Notice play a very important role in resolving the dispute and notice itself becomes more than sufficient but it is mandatory that the notice must be well drafted explaining all the necessary ingredients. If even after receiving notice the concerned person does not take the same seriously within the given time frame , you may proceed before the competent court against him for justice and relief. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

You can make a cancellation agreement with seller and decide a payment date after which you can file suit against him. 

Or you can take money first and at same time make cancellation deed with seller. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Deed cancellation and refund should be done simultaneously 

 

2) seller should issued demand draft for token amount refund 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Dear Sir,

Cancellation possible on certain grounds of impossibility: If you did not sign any sale agreement or allotment agreement with the builder at the time of getting your allotment, there is still room for cancellation. Even in case there is no clause for termination or cancellation or you did not enter into any agreement with the builder, you are well within your right to cancel the sale on certain grounds of impossibility depending on the basic agreement between you and the builder.

In such a scenario, your grievance for cancellation should be a legitimate one, or else you may also face some legal implications of cancelling without any basis. Make sure to keep a copy of application form, allotment leer as well as the receipt for payments made to the builder to facilitate the cancellation process.

Seek legal help: Cancelling an apartment booking involves a number of legal formalities and it is better to get the help of a lawyer socializing in real estate deals. Even in case you may have everything in written from the builder and a genuine reason to opt for a cancellation, it is always a good idea to seek legal help before filling for any cancelation refunds request from the builder.

Getting a lawyer ion board can help you draft the cancellation letter and other communication with the builder without any legal loopholes that the builder may use to his advantage later.

Communicate with the builder in black and white: When opting for a cancellation f any apartment, there is no room for verbal communication or assurances. Irrespective of what the builder may assure you, make sure to get every communication in black and white.

Even if you are sending an email to the builder, it is recommended to get the mail drafted through your legal counsel. Such a communication I admissible in court and is useful in case of any dispute in refunding of the money by the builder.

Explore legal options by approaching a consumer court: If you are not happy with the money that the builder has paid you back on account for cancellation of your apartment, there is a case to approach the consumer protection court. You can take the payment from the builder under protest and file an application with your nearest consumer court seeking full refund from the builder. Make sure to have all documents in place before taking on the builder legally.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Better tell him to either refund or you should file FIR for cheating. Issue him legal notice for refund or registration of sale deed directly with builder. Don`t give him any extension. And for precaution measure, registered the complaint against him.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear sir,

I have read your query and will advise you accordingly. Firstly, our intention is to recover the amount and get the deal cancelled. This can be done by sending him a legal notice/ recovery notice through which we will be intimating him about our intention to cancel the deal and apart from that, we will be asking for the recovery of the booking amount. If he does not act upon our legal notice then we have further options where we can initiate a criminal compliant or a consumer complaint forthwith. 

Hopes this solves your query. 

You can contact me for sending the legal notice and filing of the case. 

 

Regards, 

YUGANSHU SHARMA 

 

Yuganshu Sharma
Advocate, Delhi
419 Answers
1 Consultation

5.0 on 5.0

If you are not having anymore faith in the seller then you may issue a notice communicating your decision to cancel the booking agreement made with him and demand refund of yor booking amount.

Let him give the cheque and let the same  be bounced, you can initiate proper legal action against him as per law on all the counts.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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