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: +[deleted]
Asked 8 years ago in Property Law
Religion: Hindu