Refusal to refund advance given to a Real Estate Developer
I paid Rs 10,000 as advance towards blocking (meaning the developer won't show this flat to any other potential customer till my refusal to purchase the flat) a flat in one of the Real Estates before searching the legal documents of the property with the concerned Govt Departments. Initially, they wanted me to pay Rs 2,00,000.00 as advance towards booking as per their Terms of Payment but I refused to pay without searching the legal papers handed over to me by them. On searching, a serious flaw in the documents was observed by my lawyer, who was entrusted to do this particular job. As a result, I refused to go any further for effecting the purchase and I demanded the money back. Even on their request, I had set up a meeting between my lawyer and theirs but the issue remained unresolved. Now that they are still refusing to make the refund, I intend to approach Consumer Court for redressing my grievance. Will someone please give me an expert opinion how to take the case forward. more
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The proposed flat happens to be in which city/state? Why don't you get hold of few more such people who have got trapped in such episode and visit his office frequently and apprise the new flat buyers the fraud this flat developer is doing. It should give some way out since by going to consumer court you may end up losing more than Rs 10,000/-. My best wishes to you ma'am in settling your issue. more
May 21
What are the conditions of making payment ? Is there any provision for refund ? if there is no provision of refund it is difficult to get it back. But if you are % sure that developer is selling the flats/ in illegal way ( lack of proper title/ authority etc ), then you can lodge complaint to the police for chit. more
May 15
Sir if the seller defaults on any of the terms and conditions crucial to the deal or fail to satisfy the buyers the token money or advance payment is always refundable. more
May 15
You can lodge complaints with Consumer Commission *Above Rs 20 Lacs), civil and Criminal Complaints so also Complaint Under RERA. Pl Observe the Judgment of Bombay High Court wherein directions wre also given to Police to Register FIR and proceed with Criminal Actions. more
May 12
I refer to some of the comments specially Shri Gopal L R. Normally the token money is not refundable if the buyer does not honor the deal and do not accept the property. But in this particular case, since the cancellation is being done by the buyer due to technical deficiency in the documentation and the builder has failed to satisfy the genuineness of the property, the double the amount given as token money need to be refunded. In case the deal has been properly contracted in written as well as clear document of paying 10% advance is available, the consumer can take legal remedial action in case the seller i.e real estate fails to refund the amount. The buyer need to establish that the seller failed to produce the genuine documents to the satisfaction of the buyer as well the authorities. more
May 09
I agree with Mr. Mathur u shud get the money back but normally booking amount is 10% of the property value but this varies in your case since u had rejected u shud receive it but after deducting a percentage which is in the booking form pls check that normally it is 20% and 80% is refunded but this also varies pls check your booking form down u will get the conditions. But as Mr. Mathur said time limit which is in the booking form. But yes as Mr. shekharan said it is a mafia real estate is a big mafia so take care and do not go alone to these offices and as stated take 2-3 guys with u and if possible put a fraud case on the builder at nearby police station near to the builder office. Police will not entertain you but pls send message to cp and cm they will surely ask the police station to take ur case. more
May 08
