• Refund of booking amount for plot

Iam an ExServiceman & a Senior Citizen based in Bangalore. 06 months back, I saw an ad. in my mail about a Plot in Jaipur being marketed by a reputed company at Jaipur. I paid Rs 50,000 as booking Amount online & got anE-Receipt. Within a short time, due to family pressure & requirement of money, I wrote to them cancelling my application & requesting them to Refund my Booking Amount. I have been writing many mails to them on this subject requesting them to refund on compassionate grounds. They have said that money cannot be refunded because one of the clauses I have signed says so that Booking Amount will not be Refunded.I did not read the small prints fully before signing & sending the money.
I have even offered that they can cut 10% as Admin. charges & refund the Balance..Why should they not Refund even if there is a Clause? I have not been allotted any Plot  & is this a ploy by the Company to collect money? Will I be able to get Refund if I take up Legally & send a Notice?
Asked 11 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you are bound by terms of contract signed by you 

2) if agreement mentions that on cancellation booking amount would not be refunded you would not be entitled to refund 

3) you can issue legal notice if you so desire 


4) number of lawyers on this site from Bangalore 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1) rely upon mail revived from VP that inspite X of such a clause booking amount has been refunded in some cases 

2) since yiu are an ex service man company may on humanitarian grounds not take a legalistic view and refund yiur booking amount after deducting 10 per cent 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1) legally you have no case 

2) the fact that in some cases builder has refunded booking amount would imply that builder has not taken legalistic view and on humanitarian grounds refunded booking amount 

3) you must always read the small print before signing any agreement 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Hi, before signing the agreement you must read the terms and conditions in the agreement, if the terms of the agreement that advance amount is not refundable then you can't get the amount.

2. It is better you can receive the amount after deducting 10% of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If you have cancelled the booking then the company has to refund the advance amount after deducting the cancellation amount as per the cancellation clause.  
It is illegal on the part of the company to refuse the booking amount even after deduction of the amount as per cancellation clause.
You may sen the legal demand notice seeking refund based on your cancellation of the said booking or else to face legal action.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
VP Sales of the Company in one of the mails had mentioned that they have Refunded in some cases. Now he has escalated it to one of the Promoters in the mail who is not responding to my Mails. It has been more than 06 months now & I feel it is a waste writing to them.
Issue them a legal notice seeking refund under registered post with AD card and wait for their reply.



Would like to meet a Lawyer in Bengaluru in person also to discuss further possibilities.
There are plenty of good and experienced lawyer in Bangalore who will e able to advise you properly on this issue whom you can find out from the data base of the bar association in Bangalore.





T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
The principle of buyer beware operates against you. Before accepting the contract you ought to have read all the terms of the contract. So if there is a clause which provides for forfeiture of booking amount in the event of cancellation then the clause will operate with full vigour. This is not a ploy by any stretch of the imagination. You must understand that once a contract comes into existence it is sacrosanct. Do not waste your time and money in sending a lawyer's notice as it will be an exercise in futility. Be careful in future. 

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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