Yes you can seek refund through suit of recovery from civil court. First send legal notice
I gave a token amount of 7.5 lakhs for a property of 41.5 lakhs out of my ignorance. Seller stated that the property may not get a loan and offered NBFC loan from an agent for a commission. I tried to take a loan from my account and an auditor informed that there are a lot of deviations and loan will not be approved. I tried to make cash payment for the entire amount and brought down the value to 39.5 lakhs. Due to some unforeseen circumstances I am unable to raise the amount and expressed my inability. Seller initially agreed to return the amount after selling the property to someone else. Now, he says there will be some cancellation charge. I offered 5% of token amount and seller is not accepting. All this happened in a week and I have a video of him taking money and a normal agreement with his signature on it and a call conversation recording stating he will return money once the sale is made.
Hello,
The seller can only deduct the booking amount if that is expressly stated in the agreement otherwise the agreed amount can be deducted which you find in the agreement itself.
Regards
1. IF there are "deviations" in the sanctioned building plans, THEN legally you are not bound to purchase the property and on being made aware of the same thru 3rd parties, you are legally entitled to cancel the deal and demand back ALL the money that you might have paid to the Seller.
2. 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.
3. 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.
4. You can also initiate Civil Court "recovery proceedings", but this will take long time and expensive too.
Issue legal notice to seller to refund your money as title to property is not clear and marketable and bank is refusing to sanction any loan
if he refuses file suit and seek refund of money paid by you with interest
1. You have not mentioned whether agreement to sale was made or not. If the agreement was made then the terms and conditions of agreement would prevail.
2. If there was no agreement then no cancellation charges can be applied.
3. Serve a lawyer's notice to the seller and seek refund of the sum paid to him. If he does not refund it then a suit for recovery of money can be filed.
If you have agreement for sale and receipt of payment, Please issue legal notice to Builder citing reasons for refund of your advance payment against the property intended to buy.
You issue a legal notice communicating your decision to cancel the sale agreement and demand return of booking amount immediately.
If he is not complying with the demand made, you can file a money recovery suit against him to recover the money.
You are bound to any cancellation charges and entitle to full refund. Send him legal notice for full refund otherwise you will file FIR of cheating.
Property is disputed which you found later on processing laon so you are forced to withdraw the deal. If not refunded, file FIR.
- Legally , the said seller cannot deduct any amount from the token money paid by you , if you cancel the deal due to sufficient reasons like refusal of loan by the bank.
- You should sent him a legal demand notice , and thereby ask for the refund the entire amount paid by you.
- If no response , then file a Recovery suit before the court, if the said seller is not builder .
Don't go for that statement. Ask for a dull refund otherwise lodge a criminal complaint against him immediately.
When there is a genuine reason he cannot deduct any money.
Hi
1) Since the builder has committed deviations from the original sanctioned plan, you have every right to claim full refund of the token amount as under the present RERA Act and Town Planning building rules , builder cannot deviate an inch from the approved lay out and as such the whole construction is an unauthorised construction.
2) Also, under contract law, your agreement was voidable from the beginning on account of builder deviating from the plans and as such the agreement (whether oral/written) is totally void in eyes of law.
3) Also inability to raise loans from Banks and financial institutions on account of deviations mean that the link to title deed is manifest with gross errors.
4) Please further note that though builder has promised to help you in availing housing loan from NBFC actually he was inducing you to indulge in corrupt practice which again is a crime.
5) Please issue notices to the builder and demand full repayment of 7.5 Lakhs citing
a) deviations,
b) lacunae in title deed and
c) advising you to indulge in corrupt practice
as reasons for you claiming for refund of entire Rs 7.5 Lakhs.
6) The recommended forum for dispute resolution will be the Civil Courts and not the consumer forum because of the fact that deviations, fraudulent practices are covered under Contract law, building rules which are better addressed through Civil Procedure code.
Hope this information is useful.
1. You should send a legal notice for recovery of advance payment made to him due to cancellation of sales agreement.
2. If he refuse to refund the money then file recovery suit against seller to recover the money along with interest.