I booked a food court(AFIF40) in World Street Mall project in favour of my wife Shivani Sisodia.My agents are Meenakshiji and Himansuji.I had already paid 20,87,000/- Rs to the promoter.I received BBA on 15th march.In BBA I donot found the things which had been told to me by Meenakshiji.I am not satisfied with the BBA which had been given to me on 15 th march and on the same day I informed Himanshu that things which had been told to me by you had not been included in the BBA and something else is written.He assued me on the same day that he will updated it very soon.But within a week due to Lockdown as Gaurs office was closed he told me to wait till Lockdown.And during the lockdown I was in continuously touch with the Himanshu but he told me to wait till Lockdown period gets over.On 4th Jun I received demand letter from the builder that demanding 4,49,419/- inspite of being I had fully deposited my 50% amount but not recipt had been given to me for these payments. Details of my payments are as follows… 1).800000 by RTGS on 30/01/2020 2).200000 by cheque 170851 on 21/10/2019 3).450000 by RTGS on 31/01/2020 4).107000 by NEFT on 12/02/2020 5).30000 by IMPS on 15/02/2020 5).500000 had been paid in cash Now My issues are as follows:- 1). BBA is missing the actual payment I had done.No proper details of payment included in BBA 2).At the time of hunting the project in WSM,I have been told to me that you had been provided @ rate of 10,100/- Rs per Sqm but this is missing in BBA. 3).At the time of hunting the project I had been told that you will get free fixed parking as I have booked the project very early but this is also missing in BBA. 4).At the time of hunting the project I was told that 8% GST will be applicable to me but in BBA it is 12%. 5).At the time of hunting the project I was told that your carpet area will be 60% and area other than carpet area would be 40%. As I Am not satisfied with the BBA so how can I get my all money back.Please sir help me.
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If you have made any cash payment and no receipts have been issued you would not be able to prove the same
2) you should reconcile your accounts with builder . Give evidence of payment made by you
3) insist on amendment of BBA to reflect rate at which flat is sold to you , parking slots as agreed upon , carpet area of flat
4) if builder refuses cancel booking and seek refund of money paid by you
The speedy way is consumer complaint fir deficiency of service and seeking refund and compensation
You have to see what the contract is. Now if they are not doing anything as per the contract then a suit for specific performance of contract should be filed. If the terms and conditions agreed upon by you and the other party are not present in the agreement then tgat is a fraud and cheating. A criminal complaint should be filed and this contract is voidable and a suit must be filed in the civil court to declare the contract void and refund your money.
1. Well, now if after making the payment if you find most of the promises are missing then it is an unfair trade practice as well deficiency of service.
2. Now the problem is whether before or soon after making your first payment you made a written document/agreement as regards the services to be provided to you.
4. in such absence it would be little difficult to prove your case.
5. However in such event it is worthwhile to come out of the project and seek full refund.
6. if you do not get full refund then it is a fit case if you file in consumer forum where from you would get your money back along with interest and damages.
Serve them with a legal notice and later file a specific performance suit against them for getting your money back
You have been mentioning in all the lines that you have been told something whereas what is written in the BBA is different to that of the one assured orally.
It is really pitiable on your part to follow the words of the agents blindly.
It is a universal fact tht the agents throughout the globe will bluff and will create an extraordinary image of the product they are trying to promote.
The gents are meant and shall remain only till the deal is completed between the buyer and the vendor, once their commission is paid, they will abandon the scene leaving the buyer to toil in lurch.
The same thing will happen in your case also.
You catch hold of the agents about the promises made and about the payments already made and to get it clarified from the builder.
In case you are no more comfortable with this purchase, you may even decide to cancel the agreement by sending a notice to the builder intimating your decision to cancel the agreement owing to the contradictions observed now from the assurances given by the builder in oral to that of that of the conditions appearing in the BBA.
If the builder is not responding or not cooperating then you may issue a legal notice and after tht you can drag him either to RERA or to the consumer forum for relief and remedy
You can make online complaint in the Consumer Forum and RERA office of your city. and demand for refund of advance money paid.
To agitate your claim, you may file a rera complaint and claim refund with interest.
Mistake is committed by you. How can you rely on verbal assurances of employees. And should have to keep proof of all payment made. Do you have proof of cash payment.
First tell them to provide you payment receipt already made. And ask them to update BBA with all details of payment already made, per sqm rate as discussed, free parking slot, 8% GST rate as promised whereas actual rate is 12%, CA and other CA area.
If not agree, send them legal notice to demand full refund with interest, failure to which complain to RERA, FIR and consumer complaint.
First of all, get payment receipts, preferably of cash payment.
1. You may mention all your concerns and issue legal notice to the promoters and agents ask them to address same or refund the amount if they fail to fulfil your demand file a.complaint before consumer court alternatively a complaint before RERA authority can be filed.
1. You can send a mail for cancellation of agreement on ground of non complaince with conditions told at time of booking.
2. You can demand complete refund of your money on above grounds.
3. If developer refuse to refund then file suit against him for complete refund and cancellation of booking.
- Since , the said builder is trying to concealing the facts from you , and not doing as per promised at the time of booking , hence you can cancel the booking , and the builder is bound to refund the entire amount with 10% interest due to their faults.
- Firstly you should send a demand notice after mentioning that you are cancelling the agreement due to cheating intentions of the builder ,and thereby ask him to refund the entire amount paid by you with interest.
- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time, then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.
- You can also claim compensation for mental agony and harassment due to the said reasons.
- As per law, the builder is bound to refund the entire amount with interest due his fault.
- Further, you can also lodge a complaint before the RERA as well against the builder for cheating to the innocent customer.
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 complaint before RERA .
1. This practice of making payment of earnest money to the builders even before the execution of agreement to sale (ATS) is flawed and speaks volumes about the cavalier manner in which buyers act.
2. The amount paid should be included in the ATS at any cost.
3. If the builder does not agree to include in the ATS the earnest money paid to him then serve him a notice for cancellation of the ATS and demand the refund of earnest money paid to him.
4. If he does not refund the money then you will have to sue him to recover.
