Booked flat with Godrej properties in Godrej summit sec 104 ggn
After booking flat with an amount of 50,000 paid via cheque to godrej properties we made cancellation request to builder within a month. When we requested for cancellation instead they threatened us to continue otherwise as per application form terms they will not refund any of the booking amount. Despite repeated requests to customer service team we have not got any mail confirming cancellation and refund for booking amount paid. What legal action can we take in this regard to get our hard earned money back?
Asked in Property Law from Gurgaon, Haryana
What necessitated the cancellation? Unless the cancellation was necessitated by the failure of the builder to honour the terms of the agreement the cancellation could be made only if the agreement permitted you to cancel it or if there was a mutual agreement to cancel it. The builder has the right to forfeit the amount in accordance with the agreement or the application form.
1) what were terms and conditions of allotment ?
2) if you have cancelled the booking the builder can forfeit booking amount if there is clause in the terms of allotment
3) if there is no such clause you can move consumer forum against godrej properties and seek refund with interest
4) also claim litigation costs and compensation for mental torture undergone by you
This is a clear case of unfair trade practice and deficiency of service.
File a case in consumer forum where from you would get order of award as well of damages and compensation.
The cancellation through email may not invoke any proper response.
You may have to gather proper evidence for this.
You should a communication to them by a registered post stating that you are cancelling the booking for the reasons as stated therein and advise them to refund the advance paid amount within time stipulated.
If you dont get proper response you may initiate proper legal action for recovery through court.