• 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 2 years ago in Civil Law from Bangalore, Karnataka
1) You should never book the flat at pre lauch stage 

2) only after plans are sanctioned by muncipal corporation and commencement certificate is issued should you enter into agreement for purchase of the flat 

3)if you are not interested in purchase of flat you can  cancel the booking and seek refund of money paid by you .

4) builder will deduct cancellation charges as per terms and conditions of your booking
Ajay Sethi
Advocate, Mumbai
46678 Answers
2762 Consultations

5.0 on 5.0

Hi, You have to write a letter to the  Builder that you have cancelled the Booking of the flat and request  them to return the advance amount if they fail to return the amount then you have to issue legal notice and thereafter file a consumer complaint against them for the refund of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

You have all rights to cancel he booking especially when the conditions are not satisfactory.
In Fact The Conditions what you wanted to include are absolutely genuine and essential in view of the background facts involved behind the said conditions. 
After having refused to sign the MOU or sale agreement which was devoid of the satisfaction, you should not have given the cheque towards further payment. 
In fact you should immediately instruct your bank for stopping the payment on the cheques being presented before them.
You can issue notice that you are cancelling the booking in view of the builder satisfying the or not including the conditions and demand to return the advance amount paid to him with interest within the stipulated time  failing which you can drag him to consumer forum for recovery as well as for claiming compensation for the mental stress.
T Kalaiselvan
Advocate, Vellore
36851 Answers
403 Consultations

5.0 on 5.0

1. This entire practice of signing the agreement after the payment of money is designed to defeat the rights of the consumers. An agreement that is unambiguous on the title of the seller/builder is liable to be cancelled if the prospective buyer did not have prior information about the defect in the title. 

2. You can issue a lawyer's notice to the builder to cancel the agreement to claim the refund of the amount paid to it. If any forfeiture is made by the builder or he does not pay back the amount in entirety then file a complaint case before the consumer forum to recover your money with compensation. 
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

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