• Does agreement terms & conditions applied if Plot booking cancellation due to builder’s fault

Hi,
I am from Indore. I have booked a residential plot in Vrindavan in December 2021 and paid 70% amount (Almost 12 Lac rupees) to the builder online and got the receipt for the same. We spoke to builder and decided to get the registry of the plot done on 20th Jan 2022. At the time of booking builder told me that they have 80 (143) permission. 
At the time of booking I was told that khasra for the plot is 89. Later on when I requested documents for the khasra that time builder told that the khasra for the plot is not 89 it is 92. Builder shared Kishan to Builder registry of khasra 92 with me. When I enquired online I found that the mutation of Khasra 92 is in progress and permission 80 (143) is not yet applied. 
I used some online tools like Google Earth etc and figured out that the khasra for the plot is actually 93. I informed builder about it. Initially the builder tried to convince me that it is Khasra 92. But after seeing my proofs he agreed. When I asked for status of Khasra 93. Then the builder said registry from Kishan to Builder for Khasra 93 is not yet done. It will be done in Jan-2022. I told but my registry is planned for 20th Jan 2022. Builder said before 20-Jan-2022 they will complete Kishan to builder registry and other paper work (Mutation, 80(143 Permission)). 

All this was impossible before 20th Jan 2022 and I felt cheated by the builder. Hence I requested to cancel the booking and refund my money. After some discussion, builder agreed and asked me to send cancellation email with a valid reason. I mentioned above reason and sent the cancellation request. Builder sent following reply to my cancellation request. 
“My employee mr. XX discussed your concern about your plot not situated in khasra no-92.
We have accepted your cancellation request on [deleted].
If the company Registry done of khasra no- 93 within 90 days, you can also registry the plot you have booked.
In any case, if the company is not able to get the registry then we will refund your money.

According to Company refund policies it is 180 days but you are our valuable client so we will refund your amount in 90days..”.

With above email builder attached the booking agreement that I signed at the time of booking, in builder’s office. It has a clause that in case of cancellation 25% of the consideration value will be deducted and amount will be refunded in 180 days. 

I responded to the builder on 13th Jan, that this cancellation is not from my side. It is because builder has not provided me correct information. And builder is not ready with all the paper work to sell the plot to me on agreed date. Hence this cancellation/refund clause is not applicable in this case. 

Builder has not responded to me till now and today 20th January 2022 (agreed date for registry of my plot) is also passed. Please suggest what can be done to get my full money refund. Can I file this case in Indore? How much money and time will it take to get the decision.
Asked 2 years ago in Consumer Law

3 answers received in 10 minutes.

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9 Answers

No you can claim entire refund and compensation if it's through builders fault

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

File the case in rera , it is fast in processing cases. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

File complaint against builder before consumer forum or RERA and seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You first issue a legal notice to the builder communicating your decision to cancel the booking due to deceitful activities of the builder and can mention the actual fraudulent acts that the builder indulged in this and demand full refund of booking amount with interest.

Failing to respond you may resort to proper legal action through consumer forum or RERA.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear client,

 

You can file your case under the provisions of RERA (section 12 & 18) and CPA, 2019 in the Indore consumer forum or the Madhya Pradesh state consumer dispute redressal commission. 

 

Thank you. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

It cannot be filed online in consumer forum 

 

2) case would take at least 2 years to be disposed of 

 

3) As per the CPA,2019 a complaint can be filed where the consumer resides or personally works for gains Aswell as the place where the opposite party resides or carry-on business. The complaint can also be filed where the cause of action, wholly or in part, arises.

 

4) RERA is better option 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If there a online option then you can file online also. 

You need to decide jurisdiction as per the place of cause of action

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1. There are facilities provided for filing online complaint before the jurisdictional consumer commission.

2. You can file the consumer complaint wherever the cause of action took place, it is not necessary that you have to file the case where the builder is residing.

3. Time taken for disposal of the consumer case cannot be predicted owing to various factors involved in it.

4. You can decide based on the situation prevailing at your end.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear client,

 

Yes, you can file your case online in the consumer court. It generally takes between 8 to 18 months to complete a Consumer Complaint case.  

 

Thank you. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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