• Regarding booking cancellation of a retail shop in upcoming commercial project

I have booked a retail shop through a brokerage company in a upcoming commercial project in March 2019 by cheque of Rs.2,50,000/- but the project was launched in October 2019 and layout of the project was also changed which is different from the earlier. I have received booking confirmation and payment receipts along with further demand letter from the builder office. I have submitted a affidavit on Rs.100 stamp paper for cancellation of the booking and no further claim on the booked unit, to the builder office. But till date the builder/company have not refunded my booking amount neither the brokerage company is taking up calls. Kindly advice for future course of action.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

File complaint against builder before RERA seek orders to direct builder to refund your money on cancellation of booking 

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

1. serve them a legal notice regarding cancellation of the booking and refund of the booking amount,

2. a thorough understanding of facts (agreement) is required before answering promptly

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Dear Sir,

You are suggested to serve a legal notice for the said refund and in not refunded by builder, file the case against the builder. 

Ganesh Singh
Advocate, New Delhi
6760 Answers
16 Consultations

Hi

First send them a legal notice to reply you and return the booking amount.

Based upon their reply you can proceed to file a complaint in the consumer court against them or you can file a civil suit for the specific performance.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Concerned.

 

Without delay file a complaint in RERA for refund of your money on the basis of the documents you have, and do mention that the plans have been changed ......

 

Regards

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Commercial project also registers with RERa. Complain to RERa. Reason of cancellation shall be delay to start construction and variation in offered layout.

Dont agree that you willing to withdraw without builder fault.

Can also file consumer complaint. Send legal  notice first.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

You can issue a legal demand notice to the brokerage company demanding the refund of the booking amount.

You can enclosed the copies of the booking receipt, affidavit and other relevant papers along with your notice.

If there is no response or the company is not complying with the demand made, you may approach either civil court or consumer court for refund and other reliefs.

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you can file consumer complaint or RERA complaint against the builder & seek refund. Consumer complaint will be most preferable

Prashant Nayak
Advocate, Mumbai
32423 Answers
199 Consultations

1. Well, the cancellation of flat was done and hence the builder is bound to comply with the undertaking of the builder and refund the payments. 

2. Now if the builder continues to refuse to repay the booking amount then you can file the case before the consumer forum wherein you will get refund of the whole money along with damages and compensation. 

3. So visit the consumer forum and file the case. 

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

A legal notice should be given to the builder and asked for a refund. In case he does not respond file a case in the RERA tribunal immediately.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

File a case in District Consumer Disputes Redressal Forum to return your booking money with claim of interest,compensation for mental agony and cost of litigation.The case should file where the Builder operating a business and gain or his residence within the jurisdiction of District Forum.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

See you can issue a legal notice if on same they fail to revert a complaint before the RERA.authroity or alternatively before the consumer forum can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

It is advisable to get a Legal Notice issued to them seeking refund of the booking amount within 10 days. Meanwhile  if the project is registered with RERA then file a complaint before RERA seekind direction against the builder for refund of money on the cancellation of booking. 

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

Send a legal notice builder to refund your money on cancellation of booking. If they are not acting in your notice file complaint against builder before RERA

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. Now you should hire an Advocate and send a legal demand notice for refund of advance paid as booking amount due to cancellation of booking on ground of change in layout.

2. If builder refuse to refund the money then file suit against builder for recovery of advance payment made for booking of commercial shop.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

issue a legal notice through an advocate and file complaint before district consumer court. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can lodge complaint with RERA about the delay done by the Builder and also the changes made to the project which was actually offered to you and seek its intervention to settle the issue.

In case if you do not get any response from RERA, you can lodge complaint with Consumer Forum against the Builder seeking direction from Forum to refund the advance, damages, costs of litigation from Builder.

 You can also initiate criminal proceedings against the Builder.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. What have you stated on the affidavit made on stamp paper?

2. Serve a lawyer's notice to the builder for cancellation of the booking on the ground of change in layout of the project without your consent and knowledge. If thereafter it is not refunded then you can sue the builder.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer