I visited an under-construction property in Whitefield, Bangalore. The on-site agent asked me to pay ₹50,000 for a fully-refundable “soft booking,” which he asked to be transferred to his personal account. He didn't give a proper receipt—everything was done via UPI payment, with discussions happening over phone calls and in person. At the time, I didn’t suspect anything wrong, as he was an agent sitting in the on-site office and it seemed like normal practice. Later, when we submitted a full Expression of Interest (EOI) and deposited the actual booking amount to the builder’s account, the agent delayed adjusting the ₹50,000, giving various excuses and reassurances, and requesting not to mention to the sales company as he might lose his job. Eventually, he stopped responding, and we later learned he had been fired weeks earlier. Sales agency never notified me, and he pretended to be on duty for weeks afterwards. During this period, the agent also requested an additional ₹15,000, citing a medical emergency, and I paid it in a moment of emotional rashness. In hindsight, I realize I was manipulated. Now, both the builder and the sales company are refusing responsibility, only saying they will assist with filing an FIR. I am concerned that if I involve them, they may attempt to exclude their liability in the police report. I am also unsure about the effectiveness of the FIR for recovering money and worried that the builder might cancel the EOI booking. The project is RERA-registered, though the flat is on a TDR floor pending still final approval and RERA update. Given these circumstances, I want to understand whether the builder and the sales company hold any liability. What are the best avenues for recovering the money—through a RERA complaint, Consumer Court, or other legal options—while protecting the EOI booking? Can the builder or sales agency cancel my booking without my consent?
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No payment has been made by you to builder
you transferred money to an agent personal account
you have no receipt of payment made by you
File an FIR against agent
going to court would be an expensive proposition as costs would be far more than money sought to be recovered
Actually you should never pay directly to agent. In this case if you feel builder and agent are hand in glove with each other you can file FIR against both. A consumer complaint for refund is also maintainable
The ₹50,000 was paid to the agent’s personal account without an official receipt, but since he operated from the builder’s site using their branding, you can argue negligence and vicarious liability. The builder cannot cancel your EOI booking if you follow its terms.
For recovery, lodge a police FIR for cheating and breach of trust, ensuring the builder and sales agency are not absolved in your statement. File a RERA complaint for misrepresentation and seek adjustment of the amount, and also approach the Consumer Forum for refund and compensation.
Maintain compliance with your booking terms, preserve all payment and communication records, and send a strong legal notice to both builder and sales agency before escalation.
You have paid the money to the agent to his personal account and not to the builder's account or to the sales agency's account, hence the builder or his company cannot be held liable for this money.
Besides you have paid an extra amount also to the agent's account which clearly indicates that you are aware that you have not paid it for the purpose of purchase of the property nor towrds the advance amount.
Moreover you did not confirm the payment from the builder's office nor tried to obtain a receipt at that moment itself when you paid this amount, hence the builder cannot be responsible for your ignorant act.
The agent has cheated you hence you have to lodge a criminal complaint against him only with the local police for the offences of cheating and breach of trust, the police however may not be able to recover the amount but they can prosecute him and get him punished if they take swift action.
Neither any case with RERA or consumer commissioner is maintainable in this regard because the agent is an individual and not a staff of the builder's company.
You can file a money recovery suit also but you may have to spend equal or more than the amount you intend to recover due to court fee and litigation expenses.
1. The builder and sales agency will wash their hands off this and deny any liability.
2. You should file FIR for cheating and criminal breach of trust against the agent since you have proof of transaction if the statutory limitation period to take cognizance of these offences has not closed.
Builder/Sales Company Liability – Since the money was transferred to the agent’s personal account and no receipt was issued, the builder/sales company may try to deny liability. However, because he was sitting in their office and acting as their representative, you can still hold them responsible for negligence/misrepresentation.
Immediate Action – File an FIR against the agent for cheating (Sec. 420 IPC). Mention clearly that he was acting as the builder’s on-site sales agent. Keep UPI proof, call records, and messages.
Civil Remedies –
RERA complaint – for unfair trade practice and to protect your booking rights.
Consumer Court – for deficiency in service and recovery of ₹65,000.
Protecting Booking – Builder cannot cancel your EOI booking arbitrarily if you have paid the official booking amount to their account. Mention this in your complaint to safeguard your rights.
This is purely a case for criminal complaint against the agent. He has committed offence under Section 315 of BNS. File a criminal complaint in the Court of Magistrate under Section 316 of BNS. Magistrate will issue direction to police to investigate and bring the accused before Court. Once police calls the agent, he will come for compromise, you can settle him and withdraw the case. You all electronic proof against him.
For now, I plan to go ahead with filing the FIR, and then approach Consumer Court and RERA only after the sales agreement is completed so that my position as a buyer is stronger. I believe that the sales agency / builder also has to take responsibility as these happened under their employment and premises. 1. How strong would my case be in Consumer Court and RERA in this situation? 2. Would delaying RERA/Consumer Court complaints by some time create any issues for my chances of recovery?
Consumer court for refund and FIR for punishment
You can file case after registration of sale deed
you have to prove allegations made by you in complaint
you can file csse later as long as it is within limitation period
Your case is reasonably strong in both Consumer Court and RERA since the fraud happened on-site through someone acting as their representative, and their lack of supervision can be argued as negligence.
Delaying until after the sales agreement won’t harm your chances. Limitation periods give you enough time, and your rights remain intact as long as you preserve all payment and communication evidence. The only drawback is delayed recovery.
1. Owner of property cannot made liable unless, payment is made with express consent of owner.
2. You are not a consumer against the agent.
3. Neither DCC nor RERA Authority have jurisdiction to take your complaint against agent.
Your case is fairly strong if you prove the agent represented the builder/agency; keep all evidence.
Waiting a few months is fine, but act within limitation periods and don’t delay too long—evidence may weaken over time.
1. This is a fraud done by an individual hence I have my doubt about the maintainability of the consumer complaint.
2. Consumer complaint or a complaint before RERA may not be maintainable hence you can decide.
Your situation involves two separate wrongful payments (₹50,000 for soft booking, ₹15,000 for the agent’s personal needs) made to the builder’s representative—later discovered to be acting for personal gain after termination, without proper receipts or builder account payments.
1. Liability of Builder/Sales Company
– Since the agent was located at the on-site office, acted as their authorized representative during your dealings, and took funds for booking, there is presumptive agency under Indian law. Both the builder and the agency may have vicarious liability for acts done by the agent in the course of his apparent employment.
– The fact that the office and builder were RERA registered strengthens your case, as the builder is obligated to maintain transparency and accountability in all consumer dealings.
– Their failure to inform you about the agent’s termination, and allowing him continued access, increases their responsibility. In previous consumer cases, courts have held builders accountable for funds taken under apparent authority, especially if the consumer acted in good faith within official premises.
– The builder’s or agency’s suggestion to “help in FIR” but refusal to accept liability can be challenged, as the principle of estoppel and consumer protection law supports recovery from the principal/employer.
2. Avenues for Recovery (RERA & Consumer Court)
– FIR: Filing a police complaint for cheating, breach of trust, and misrepresentation is recommended and may help recover amounts or put pressure on the company. The police report should clearly name builder/agency along with the agent, stating payments happened in their office and under apparent authority. Ensure the wording does not allow builder/agency to disclaim all liability.
– Consumer Court: You have a strong case against both the builder and the agency, as you were induced to pay for a booking under their brand, with subsequent denial of accountability. File a complaint under the Consumer Protection Act for deficiency in service, unfair trade practice, and financial loss. Document all calls, chats, UPI proofs, office visits, and the fact the agent operated under their banner.
– RERA Complaint: The transaction concerns a RERA-registered project, making the builder further answerable for all consumer-facing transactions on site. File a complaint with the State RERA authority against the builder for non-refund, deficient service, and lack of oversight. RERA authorities routinely order refunds and penal action for unauthorized collections or agent misconduct linked to the builder.
– Both Consumer Court and RERA proceedings are buyer-friendly and evidence based; your case will be stronger with documentary proof and sequence of events. Your position is furthered if you remain in formal communication with the builder and keep proof of their responses.
3. Risks of Delaying Complaints
– Delaying RERA or Consumer Court complaints is not advised if facts and evidence are clear. While you may wish to wait until your sales agreement is completed to avoid jeopardizing your booking, delayed action may dilute urgency and the builder’s accountability.
– Early filing helps maintain leverage and signals consumer diligence. If you delay significantly, the builder may claim waiver, dispute the timeline, or further distance itself from the agent’s acts.
– However, if you have already paid the major booking amount and possess receipts in the builder’s official name, your stake in the property is protected to that extent. Ensure continued compliance on your part (e.g., regular payments, adherence to schedules) to avoid any technical excuse for cancellation.
4. Can Builder Cancel Your EOI Booking?
– The builder cannot arbitrarily cancel your EOI booking on the basis of complaints made about their agent’s misconduct without due process, unless there is a breach of payment/terms on your end.
– If the EOI or booking amount is paid to the builder’s official account, and sales agreement is pending, builder must proceed as per contract/RERA norms.
Recommended Action
– File an FIR naming the builder/agency and the agent.
– Demand written explanations and refund from builder/agency referencing agent’s official role and your good faith reliance.
– Prepare consumer/RERA complaints if the builder is non-responsive after the FIR, attaching all documented proof.
– Insist on written acknowledgement of your booking and payments to protect your buyer position.
If you require further guidance or have documents to be vetted for complaint drafting, I am available for detailed consultation and preparation of necessary filings to safeguard your rights and maximize recovery.
You have informed that an amount of ₹50,000 was transferred by you through UPI to an on-site sales agent at the builder’s Whitefield office towards a purported “soft booking,” followed by an additional ₹15,000 advanced later on his personal request. The said agent was occupying the builder’s premises and projecting himself as authorised staff. No official receipt was issued for the said amounts. Subsequently, you executed an Expression of Interest and remitted the booking amount directly to the builder’s account. Thereafter, the said agent failed to adjust the earlier payments, stopped responding, and it transpired that he had already been terminated by the sales agency. Presently, the builder and sales company have disclaimed responsibility and merely suggested you file an FIR.
Opinion:
The acts of the agent fall squarely within the scope of inducement and cheating under Sections 406, 417 and 420 of the Indian Penal Code. An FIR should be registered immediately, preserving all UPI payment records, call logs and communication, so as to establish criminal liability.
The builder and the sales agency cannot be permitted to evade liability. The fraudulent transactions were carried out at their premises, by an individual presented as their representative, and in the course of dealings for the sale of flats in their project. There is a clear case for vicarious liability. Consumer fora and RERA authorities have consistently held promoters answerable for acts of their agents/representatives.
You have recourse before the Consumer Commission under the Consumer Protection Act, 2019, seeking refund of the said amounts with interest, compensation for mental harassment, and penalty for deficiency of service and unfair trade practice. A complaint under Section 31 of the RERA Act, 2016 is also maintainable against the builder, highlighting the lapse in oversight and unfair conduct.
There is no legal basis for the builder to cancel your booking arbitrarily, as the EOI and booking consideration are already with them. Any such cancellation would be illegal, subject to challenge before RERA and Consumer Commission.
There is no prejudice in deferring the consumer/RERA complaint until execution of the Agreement for Sale, so long as limitation periods are observed. In the interim, it is advisable to place the builder and sales agency formally on notice, recording their liability and reserving your rights to proceed before competent fora.
Conclusion:
You should (i) lodge the FIR without delay, (ii) issue a legal notice to both builder and sales agency asserting their vicarious liability, and (iii) thereafter pursue proceedings before the Consumer Commission and RERA Authority for refund, compensation and protection of your booking rights. Your case is on strong legal footing, and the builder’s attempt to disclaim responsibility is untenable.
Dear Client,
The instant case before the consumer court and the complaint under RERA has strong potential since the circumstances evidently point at deficiency in service and unfair trade practice. The money was transferred on the basis of the trust you assumed from the premises and the authority of the builder. When you check the history of cases of this nature, the courts have generally held the builders liable when their agents infringe the interests of the buyers. With regards to the complaint under the RERA regime also, a strong case persists since the provisions of the RERA Act imposes a duty on builders to regulate its sales and the channels of its sales.
Yes. Though complaints made under the RERA Act are not bound by a limitation period, consumer complaints have to filed within 2 years from the date on which the cause of action arose. Hence, you may delay the consumer proceedings, provided it doesn’t stretch beyond the statutory mandate of 2 years.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
