How to get refund on flat cancellation without deduction
I have booked a flat in one of the new builder in gurgaon. There is a builder buyer agreement signed between me and builder. I have paid 50% of the BSP amount to builder , now I have got to know builder doesn't have license on his name. Builder is doing construction under collaboration agreement . Even collaboration agreement isn't registered and fee hasn't paid. License is not on builder name. Builder has taken money from me before getting environment clearance certificate and started construction too. Work has been stopped . Builder intentionally hasn't put site layout in the buyer agreement and now claiming money by showing different building from me. Due to above issues I don't want to take any risk and refund. As per buyer agreement builder its mentioned builder will deduct 15% of the BSP amount from my payment. Builder is also saying he will deduct management fee, brokage fee and service tax, please suggest how can I proceed and recover my hard earn Money.
Asked in Property Law from Gurgaon, Haryana
issue a legal notice through your lawyer and claim your money back and if the builder is not ready to pay your money back then file a complaint against him before the consumer court.
Advocate, New Delhi
1) it is necessary to peruse BBA signed by you
2) file RTI application with muncipal corporation and check whether builder had IOD and commencement certificate
3) if builder had requisite approvals in place in the event you cancel agreement builder will deduct cancellation charges as per your contract
4) you can move consumer forum against builder fir deficiency in service and unfair trade practice if builder refuses to refund your money after deducing cancellation charges
1. You ought to have conducted due diligence before signing the agreement as once you place your signature on the dotted line you are bound by it. Be that as it may, the agreement may be cancelled through a legal notice if either there was a misrepresentation of facts by the builder, or the builder has defaulted in fulfilling the promises made by him in the agreement. Thereafter, you can move the civil court for refund of the money with compensation.
2. If misrepresentation is proved then the builder cannot forfeit any part of the amount paid to him.
3. Consult a lawyer with a copy of the BB agreement.
Basically the agreement itself seems to be void because the builder is not having a licence on his name. His collaboration agreement may not find a place or mention in the agreement entered with you, thus the agreement executed is under cloud or under suspicion which renders the agreement null and void.
On the basis of the facts surrounding the agreement which makes it null and void, and with the evidence of the payments made to the builder as well as since the construction work which was started without obtaining approval from authorities has abruptly stopped, without any indication of date of resumption, you can very well cancel the booking and terminate the agreement for violations of the conditions therein.
You may send a legal notice communicating the termination or the agreement or cancellation of the booking and demand for refund of booking amount in full with market rate of interest from the date of first payment till the date of settlement, failing which you may not only drag the builder to the consumer forum for relief and remedy but also for compensation for deficiency of services and mental agony etc.
Besides above, you may even lodge a complaint against the builder with the local police for his fraudulent act of showing a different building while he collected amount for some other site/flat and also his cheating activity etc.
This will put more pressure on the builder to hurry for some compromise arrangement through which you can expect and ensure return of the entire amount of payment made to him without any deduction.
when he is causing delay and also do not have required permission or authority to construct this building then you are entitled to get refund your money and compensation. you should file a case before the consumer forum for cancellation of agreement, refund of money and compensation. no deduction will be applicable in your case.