Refund from Gaursons India Pvt. Ltd. for Rs. 2,00,000/-
I have not received a refund of the booking amount of Rs.2,00,000 from Gaursons Pvt. Ltd. for a flat I booked in Noida 1 year back. I had cancelled the booking. This was on August 4, 2015 and the flat I booked was in Gaur Saundaryam, Sector 62, Noida, Sharan Tower, Unit: 2032. The people from Gaursons kept telling me that I will get a refund. For a few months now I can't even get their number. I have from them detailing that I have cancelled the booking.
The contract clearly said the following.
9) That the applicant(s) has/have the liberty to cancel the booking within the span of 30 days from the date of booking and in such case no deduction whatsoever will be made and the entire deposited amount will be refunded. But after the expiry of said 30 days if the applicant(s) is/are desirous of cancelling the said booking then there will be a deduction of 10% of the cost of the apartment/unit and in case the amount deposited by the applicant(s) is less than the 10% of the cost of the apartment/unit, then the deposited amount will stand forfeited.
Please help me.
Asked 3 months ago in Property Law from New Delhi, Delhi
Do not get bothered.
it is well established that such agreements are one sided and hence unconscionable .
So of the cancellation was under compulsion then you are entitled to full refund minus nominal deductions towards processing charges.
However any wanton cancellation without any valid reason may entail larger deductions on refund.
But in no circumstances forfeiture of whole amount is permissible.
So rest assured and file a case in consumer forum for necessary reliefs.
file complaint before consumer against builder and seek refund of Rs 2 lakhs with interest
2) also seek compensation for mental torture undergone by you and litigation costs
3) rely upon assurances by builder that he would refund the money
If you have not received the refund amount till date , without further delay you need to send a legal notice to the developer asking for refund post which (7-15 days) you need to file a recovery suit for recovering the amount.
Alternatively you can file a case in the consumer court as well to recover the money.
Best of Luck
1. If you have cancelled the booking of the flat within 30 days from the date of the booking then you are entitled to get refund of the entire booking amount from the promoter/seller as per the contract.
2. Send the promoter/seller a legal notice asking for refund of the said booking amount with interest with in 15 days thereof and in case the said promoter/seller refuses or fails to refund you the said amount, file a complaint case before the local District Consumer Dispute redressal forum alleging deficiency in service and unfair business practice claiming refund of the entire booking amount paid along with interest charged thereupon, damage and cost.
You issue a legal demand notice to their registered address seeking refund of the booking amount with interest from the date of booking.
If you get a reply or not you may aproach consumer forum agaisnt them for recovery as well as for the deficiency in service and also for compensation.
Since the refund has not been made you should first issue a lawyer's notice to the company to refund the money with legal cost, and if this does not produce the desired result then you may sue it in consumer forum for recovery of money with interest.
if you were cancel the booking of flat within time then they are bound to pay otherwise not.
Advocate, New Delhi