• Amount paid for flat not being refunded

I had booked a flat in bangalore and have paid an amount of 15 lakh to the builder till now. 
Although after reading the agreement i found that the total price of the flat is more than the amount which was told by builder to me while paying the amount. Now i am asking him the refund but he is delaying the payment and not even picking up my calls
1) I have the agreement mentioning i have paid 15lakh to the builder and I have not signed it yet as i do not want to continue now.

2) I have all the payment receipts 

Can i get the full refund?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Send the builder w legal notice stating the reason of cancelling the agreement.
In the said notice ask for refund as well.
If the builder refuses to refund the amount within the specified time limit file a case for refund and damages before the consumer forum.
Devajyoti Barman
Advocate, Kolkata
13164 Answers
175 Consultations

5.0 on 5.0

if you have made the payment of Rs.15 lakhs and seek refund now, builder will refund after deducting 10 to 15% of the total sale consideration value. This will be in terms of the booking form that you would have already signed with the builder.
It is difficult to get back the money from builders, you have to take legal recourse in most cases.
Kiran N. Murthy
Advocate, Bangalore
1019 Answers
91 Consultations

5.0 on 5.0

1) it is necessary to peruse your allotment letter and your agreement signed with  builder to advice 

2) when you booked flat was total consideration mentioned ? 

3) if you cancel booking now builder will not refund full amount 

4) buikder  will deduct cancellation charges as per terms of allotment 

5) issue legal notice to builder fore refund and for cancellation of the booking 

6) if he fails to refund file complaint before consumer forum and seek refund with interest
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

1. The total price of the flat was told to you or was written in the brochure or some other document which is less than what has been mentioned in the Agreement?

2. It it was verbally told and there is nothing in writing, then immediately put the discrepancy on record by posting him a letter to this effect and asking for either a fresh agreement mentioning the earlier assured price or refund the amount paid by you immediately,

3. If he does not refund the said amount, you can also lodge a police complaint against him for cheating you,

4. Also can file a complaint case before the local District Consumer Dispute Redressal Forum against the Developer alleging deficiency in service and unfair business practice claiming refund of the amount paid with interest, damage and suit.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

A. Most of the builder will not refund the entire amount unless dedcution the 10 to 20% cancellation charges which is highlighted in the application forum or Sale Agreement.

B. You may issue a legal notice to the builder to pay the amount without deduction of single rupees by dint of breach of verbal promise.

C. If you fail to get proper response, you may approach the Consumer Forum to get damages for mental agony and false representation and you can file a civil suit for recovery of money with interest.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

Dear Sir/Madam, you have every right to get back your hard earned money which you have paid the advance amount of Rs.15 Lakhs to the said builder along with interest as per terms and conditions of the agreement. You have to issued a legal notice to the said builder for refund the amount, if not paid you have to file the petition before the district consumer forum for the same, You have all the relevant records for this transactions, you have got good case on merit, if you want my legal service in this regard I will do it.
C. V. Jadhav
Advocate, Bangalore
500 Answers
15 Consultations

4.7 on 5.0

Once you have made the payment the contract has come into existence. Cancellation of the agreement is possible only within the periphery of the cancellation clause incorporated in the agreement. Without prejudice to and in the absence of cancellation clause you can cancel the agreement only if the builder has breached the agreement. Get the agreement vetted by a lawyer to know what can be done.
Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

Hi, you can issue a legal notice to the Builder to refund the amount.

2. If he fail to repay the amount then you can file  a complaint in the consumer forum for refund of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) I have the agreement mentioning i have paid 15lakh to the builder and I have not signed it yet as i do not want to continue now.

2) I have all the payment receipts 

Can i get the full refund?

Firstly you secure the evidences of the payments made so far including the copy of agreement  (though you may not have signed it);

Issue a legal notice to the builder stating that there is no transparency in the property deal and since the amount now being charged is exorbitant as well as not in the oral agreement made at the initial stage, you are hereby cancelling the agreement and direct him to refund the entire amount without any deduction because of the breach of contract on his side.
Failing to respond to the legal notice served on him., you can drag him to consumer forum seeking recovery as well as costs towards compensation for the mental turmoil/agony you suffered due to this.
T Kalaiselvan
Advocate, Vellore
36996 Answers
403 Consultations

5.0 on 5.0

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