• Getting the booking amount back from the builder

I have booked an apartment in Bangalore. Before the booking I went to the location and met a sales person and he explained the details. I have informed them my max budget is 66 Lakhs incl all the charges. He told SBA is 1306 and we agreed on a sqft price 4300. He told it is an east facing unit. He sent the cost sheet which mentioned the SBA 1306 and the sqft price 4300. I paid the booking amount online to their account given. After a week I received the welcome email from the builder with attached duly signed booking form and a cost sheet attached. When I open the cost sheet it was showing the SBA is 1360 instead of 1306 and an increase of  more than 2.5 Lakhs in the total price. When I enquired for the reason they told initially it was a mistake from their end and the actual SBA is 1360 and not 1306. I told them it is your mistake as I told earlier my budget is 66 lakhs. You should reduce the sqft price to (~4150-/) accordingly to meet the agreed total price. They informed that it is not possible. As I don't want to cancel it I asked  them to reduce to atleast 4200-/. They informed final amount they can agree is   to 4225-/. I asked them again to confirm whether it is an east facing unit as in the floor plan it was not showing the direction. They confirmed it via email. Hence I decided to go with the sqft price 4225-/. Later when they send the agreement soft copy it was mentioned that west side of this unit is entrance lobby. Then I had a doubt and again asked them to confirm whether it is an east facing unit and send them the in detail plan of whole apartment with the direction. The sales person replied to my email with a harsh tone that I already confirmed multiple times  that it is an east facing unit. I informed them I will proceed to pay the remaining amount only after I get in detail floor plan of that building with direction. Finally they sent the plan and it was showing that the unit is facing west direction. I told them I was particular about the facing since I don't want to cancel I need discount of another 25 Rs from the sqft price and make it to 4200-/. They informed that they can't provide further discount. I was already frustrated with their attitude and informed them to cancel the unit and return my full booking amount  of 2 Lakhs back as they have breached their promise made before I go for the booking. Now they are telling it will take minimum 6 months to refund the amount and just delaying it and no proper confirmation given when they are going to refund. Could you please advise what I can do to get my booking amount back ?
Asked 3 years ago in Property Law from Singapore
Religion: Hindu
1) you can issue legal notice to builder that you have already cancelled the booking but have till not received refund of booking amount of Rs 2 lakhs . request them to refund within 15 days failing which you will have to move consumer forum against the builder for recovery of amount with interest

2) if builder fails to pay file complaint before consumer forum and seek refund with interest 

3) also compensation for mental torture undergone by you 

4) please note that cases before consumer forum take 2 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
45663 Answers
2684 Consultations

5.0 on 5.0

1. Breach of promise is a ground on which you can seek the cancellation of the booking and also the refund of the booking amount, but the breach has to proved in accordance with the law.

2. If you have any documentary proof including an email conversation where the builder has informed you that the unit is east facing, you may successfully sue the builder to not only refund the booking amount but also compensate you for the breach.

3. It is very normal on the part of the builders to delay the refund on one pretext or another. They wake up from their sleep only when they receive a notice from the lawyer. So you may also issue a lawyer's notice to the builder to refund the amount. If better sense does not prevail on the builder even after the notice from your lawyer you may then sue him for the refund of the amount and also compensation.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

first and foremost get a legal notice issued on the builder calling upon him to cancel your booking for the reason that he made false promises and assurances and to return the entire booking amount without deducting a single rupee.
Next if he on receipt of the notice fails to respond to your demands, then file a consumer complaint seeking for this relief along with other costs and damages from the builder.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

A. Issue a legal notice to the builder to return the paid amount with interest.

B. In the event of fail to return the same even though issued the legal notice that you can approach the consumer forum under the deficiency in the Service.

C. You can initiate summary legal proceedings against the same before the court to recover the amount.

D. You are eligible to claim compensation and damages under metal agony ground and promissory estoppel principle.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

HI, First issue a legal notice against the builder and ask him to pay the cancel amount and if he failed to repay the amount then lodge a complaint in the consumer forum as there is a deficiency of service on the part of the builder.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

You must give in writing about all the deficiencies and the irregularities they have done after booking the flat including the east-west facing etc.You must also mention that such attitude of the firm is illegal and cannot be trusted upon especially if the builder is so much infirm in his own deed and words.   You may hint the builder that his action will be attracting deficiency of service and can be taken up with the consumer forum too hence ask him to return the advance money held by him immediately, failing to invoke proper response to this letter you may approach the consumer forum with the details for redressal of your grievances. 
T Kalaiselvan
Advocate, Vellore
35813 Answers
390 Consultations

5.0 on 5.0

1.Hope you have preserved all documents like brichure, email etc confirming you about the area, price and also the building being east facing, 

2. Immediately file a complaint case before the Consumer Dispute redressal Forum alleging deficiency in service and unfair business practice claiming refund of the entire bokking amount paid with interest, damage and cost,

3.Engage a lawyer at Bangalore having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
18520 Answers
449 Consultations

5.0 on 5.0

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