Cancel booking & refund for prelaunch apt in Dreamz infra B'lore
I have booked a flat with Dreamz infra project Swadhya in Bangalore on 3.1.2016.I paid Rs. 1,00,000/- as booking amount. Within 15 days I paid Rs. 5,90,000/- as a part of 30% payment option. They gave a MOU document, but the MOU clauses were not favorable so I asked them to edit the document before signing with following additions.
1) The booked flat should be identified clearly and specific in Schedule Property B as “Flat no 201, Block A, Swadhya, Area 1100sq. ft.”
2) There is no mention about free car parking+ amenities + Rs. 2 Lakhs furniture module and discount voucher.
3) Whether proposed land (Schedule property A) has already been acquired or not? As in draft MOM in line 13 page 2 of 8, it is mentioned as “having an arrangement with land owner”.
4) When registration will be done?
5) Clear demarcation of project construction progress for installment payment such as;-
a) Up to plinth area -20%
b) Up to 4 th floor roof casting – 20%
c) Completion of all concrete casting, brick work, door & window frame fixing etc. – 20%
d) Completion of plastering with conceal electric & water lines, grills, floor -20%
e) Door & window panel fixing, Painting ,polishing, sanitary fittings etc. – 10%
f) Surrounding cleaning, Registration & handover-10%
6) In case of default by 1 st party – Refund of all installment amount with 18% interest from date of deposit as assured during time of booking.
7) Specific Project start date. On which date approval application has been submitted to concerned authority and latest position
8) Total grace period should be maximum three month including approval of project or extension of construction period.
I got no reply from them and I have not signed the MOU and send it back to them.
Now suddenly they are asking sale agreement and construction agreement amount of Rs. 2,00,000/- within 2 days through a phone call.
After meeting the concerned phone caller and site visit no progress is observed i.e. no construction activity or even site development. Also they are now refusing to offer my booked flat. they have coerced me to give the cheques. So, I have given them 2 cheques of Rs. 2,00,000/- with a condition that we will pay the amount through NEFT within next 7 days as there is lack of sufficient funds in the bank account and they will not deposit the cheques to the bank in the meantime.
With information from different internet resources and also from online consumer forums, I have decided to cancel my booking, not honouring the recent 2 cheques and get back my hard earned money.
Solicit advice in this regard.
With best regards,
S Chakraborty
Asked 8 years ago in Civil Law