• Cheating by builder

I paid an amount of 1 lac to a builder as a booking amount for an apartment in bangalore in December 2012. In February 2013 I changed my mind and decided to cancel the booking. Since then, whenever I call the builder asking for the refund, he ignores my calls and keeps making false promises of refunding the amount soon. Kindly advice what should I do.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1)did you make payment by cash or cheque? 

2) did you get any receipt? 

3)what were terms and conditions of booking ? 

4) issue legal notice to builder for refund of booking amount 

5) if builder fails to pay move consumer forum against the builder
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
Please confirm whether you made payment by cash or cheque.  However in your case legal notice can be issued to the builder.  And fix the time to re pay the amount.  Before that the Copy of the agreement has to be looked into
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Issue legal notice to builder for refunding of your booking amount. If there is no response, file a case in consumer forum against the builder.
Shashidhar S. Sastry
Advocate, Bangalore
1279 Answers
64 Consultations
5.0 on 5.0
As suggested by Mr.Ananth and Mr.Shashidhar you have to initially issue a legal notice calling upon the builder to refund the deposit amount and if the builder fails to refund the same you can file a complaint in the consumer court.
Bhavanishankar A.R.
Advocate, Bangalore
4 Answers
0 Consultations
4.8 on 5.0
Do you have any mail transaction proof ? If no, issue legal notice to him.

Thereafter, you have option to approach Consumer Forum under deficiency in service.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0
Refund of booking amount shall depend upon conditions in buyer sellor agreement.  In certain cases the amount can be forfeited if it was paid as earnest money . Pl elaborate the clause regarding cancellation of booking.
H. S. Thukral
Advocate, New Delhi
526 Answers
134 Consultations
5.0 on 5.0
1. Have you paid the amount in cheque or have you taken money receipt if you have paid in cash?

2. What is the term or payment and also term of refunding or forfieting the booking amount?

3. Was the said term mentioned in the brochure issued by the builder?

4. Is there any evidence that the builder has to repay the booking amount if the booking is cancelled?

5. If yes, lodge a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount, interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
13200 Answers
280 Consultations
5.0 on 5.0

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