• Builder not refunding the booking amount

Dear Sir,

It is the continuation of my old question - Where unfortunately, I have booked an apartment in Bangalore and Later realized that builder is having an OC from Gram Panchayat, where as the Plan is actually approved by BMICAPA. 

Couple of points:

1. At the time of Booking, Purvankara communicated to me that it is BDA Approved Project (unfortunately via telephonic call). I do have a mail where i requested the approval information, but he has not responded to my question in written.
2. Builder is taking Rs 20000/- but still not willing to provide covered parking.
3. Failed to share some of the  important Approvals and CC like Fire NOC. Instead, Builder is sharing the old NOCs, which is granted for other buildings (Phase 1 - Purva Highland) , not for the ones which he is giving to me (phase 2 - Project Scarlet Terrace)
4. Project Name is Scarlet Terrace where as Builder has shared docs  for Purva Highlands and giving a justification  that it is a parent project.
5. In the Draft agreement, no penalty clause for delayed delivery & no cost break up.
7. Builder has never shared the actual agreement with me and nothing has been signed from my side. Still Builder is deducting the stamp duty charges..
6. There is a Deviation from the actual approved plan, due to which parking is not available.

When i requested a justification from builder, they just gave me  the verbal assurances that everything is legal. Finally, i requested them to provide me the covered parking, include penalty clauses in agreement along with cost break up and written assurance that there is no deviation from the approved plan, else refund my amount.

After that i am not getting any response from Builder. Final email is that - since you have made your mind to cancel the booking this is the penalty amount - Rs 100000/- + Stamp duty charges which is almost Rs 250000/-. (same is specified in application form as well) 

It is my hard earned money and i am really depressed , searched lot of forums & seems that common man has limited support from govt on these issues.. Could you Please be able to guide me on the next steps? 

Legally, is it possible to get my money back? 

Recently i came to US for 1 year. Is there any way to file a consumer Court complaint from US? 

DO i need to come back to India? Do I have a option to file a case in US ?

Any pointers will be really helpful.

Regards,
Atul Gupta
Mob: +1-401-649-8525
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) you can file complaint before consumer forum against builder in Bangalore for unfair trade practice 

2) seek refund of penalty amount of rs 1 lakh wrongly deducted 

3) stamp duty is payable to govt builder cannot refund said amount . If agreement is cancelled seek refund from the authorities 

4) you can execute POA in favour of family member to file complaint engage lawyers etc 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Mr Atul gupta, you're plight of a buyer is as common as that of others. Be that as it may, Purvankara is a reputed builder, if they have gone back on their promises (verbal or written) you can drag them to the consumer court, as you are already aware.
Answer to your question if you can file a consumer case against builder for illegally deducting amounts from the advance is questionable in the district consumer forum.
You can sign the petition and courier it along with the VAKALATHNAMA in the advocates favour to take it up the case on your behalf, all payments can be made online. progress of the case can be viewed online.
But to initiate the process a Legal notice must be sent on your behalf with all your demands.
WILL need more information on this, if you decide to hire my services.
Kiran N. Murthy
Advocate, Bangalore
770 Answers
52 Consultations
5.0 on 5.0
1. Telephonic conversations cannot be proved in courts except if they are recorded.

2. You can make the builder liable for only those promises which have been reduced to writing in the agreement or the booking form, as the case may be. 

3. You can issue a lawyer's notice to the builder to cancel the booking and claim the refund of the amount already paid to him. If he does not meet the demand raised in the legal notice you can sue him to recover the amount. 

4. If no penalty has been prescribed in the agreement on the cancellation by you the builder is not entitled to charge the same.

5. In cases where a private and not a public right has been breached the govt does not lend any support to the aggrieved individuals in any democratic polity. He has to wage his own battle.

6. The case can be filed by you through a lawyer whom you can engage while sitting in US.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. You have mentioned in your query "Builder has never shared the actual agreement with me and nothing has been signed from my side.". If it is so then how are you writing "Finally, i requested them to provide me the covered parking, include penalty clauses in agreement"? Please clear the matter,

2. However, it will be a loosing proposition for you to cancel the booking since the price of the property has escalated more than the Bank interest rate even if you get back all your money,

3. File a complaint case before the local District Consumer Dispute Redressal Forum in India, alleging deficiency in service and unfair business practice claiming refund of money equal to the present cost of flat of same area in similar locality with interest till it is paid, damage and cost,

4. You can execute a POA in favour of anybody in India to take care of your said case in India.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
This is another clear cut fraudulent act of the corporate company like puravankara.  They are known for such tactics of coming out with the hidden charges.  It should have been ensured before making any payment and no oral  or verbal assurance will help you to support your  claim after getting cheated. 
However since you have evidence of not agreeing to the conditions of the sale agreement (you have stated to not to have signed any agreement condition),you may very well take up this matter through consumer forum for deficiency of services, this is a fit case.  
Not  only there not transparent but also they are popularly known for such unjustified levies which makes the buyer helpless at one stage than to revolt against.
You may file a consumer complaint with the jurisdictional consumer forum through your POA agent too, it is not mandatory that you have to be present at the the time of filing the complaint.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Hello,
1) There are a number of things to be considered before you decide what your legal options are and embark upon the most suited. Firstly it is pertinent to peruse the Agreement you signed and the clauses that bind you when you paid the booking amount.

2) If there is a deviation from the original plan and you are being provided below what was the deal you have the option to approach the consumer forum for deficiency in service.

3) You have the option to file a consumer case while in the US through a power of  attorney holder who will appear before the tribunal for you and conduct the case for you.

4) Firstly send a legal notice to the builder demanding specific performance or in the alternative provide compensation
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, you have to file complaint in the consumer forum for recovery of the money.

2. First you have to issue a legal notice and thereafter file a complaint in the consumer forum.

3. In consumer Forum your presence is not required so you can engage the advocate and contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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