Legal Question in Real Estate Law in India

HI,

I have given an advance amount of Rs.1Lac (20K through cash and remaining 80K through cheque) to book a Flat in Electronic City, Bangalore. But, due to some financial crisis and few other reasons (like the flat not having DBA approval, SBI not giving loan, etc..) I don't want to continue to purchase the flat. I booked this flat on 2nd Sept 2013 and followed up with the Owner/Builder to get a return of certain amount (of the advance given).

The proof which I have for the paid amount is just a hand written amount in the builder's letter pad and the owner signing the document.

I have followed-up multiple times with the builder and the builder is not having any interest to return the amount. Pls help and advice me as what should be done to get atleast 90% of the amount returned.


Asked on 4/05/14, 7:30 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

you can approach the consumer forum with your grievance.

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Answered on 4/05/14, 7:40 am
Fca Prashant Chavan Expert Edge LLP

05.04.2014

Dear Sir / Madam,

If the advance of Rs. 1 lakh you paid was a token booking amount, it remains at the sole discretion of the Builder / Developer whether to forfeit the entire amount, or refund a part of it, since you chose to back out from completing the purchase deal. You are in no position to demand that the Developer / Builder has to compulsorily return back 90% of the amount you paid, unless you specifically have it in writing that only the balance 10% was token amount.

Regards,

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Answered on 4/05/14, 7:56 am


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