Legal Question in Real Estate Law in India
I have paid part amount Rs. 3 Lakh for blocking a flat in a big housing society. Actual booking amount told by company to book is 20% (about Rs. 12 Lakh) within 10 days time. I asked the sales manager of that real state company that in case I could not arrange full advance money within two weeks then, he told that full money will be returned without any condition. within 10 days I could not arrange the money to pay full booking amount so I requested them to refund the part advance money paid for blocking the flat. Everything was verbal no agreement nothing. Due to my budget problem in paying full booking advance, I thought to cancel the booking of flat and send email and phone that please cancel the booking and return the money. Now the sales manager is telling the money will be returned after that flat will be booked by some other customer. Such terms and conditions were not told earlier to me, neither I signed any such agreement. I want to know whether real state company has any right to put such conditions at the time of refund. I asked them to deduct whatever your expences for free site visit form my home to and fro. Actually I was intersetsed in buying that flat but because of my loan elgibility. It was lesser than what I expected. Difference is about Rs. 12 lakhs. So it is not be possible for me to buy the flat with so tight budget and fluctuating interset rates. Moreover the possession date is July 2015. Project has just started. Please advise what to do in this case. whenever I call them they say one day ,two day ,next week, now one month is over. It is not possible me to track whether that flat is booked or they are not telling other people to book..whatever...The company seems good reputation and I want the money back without any condition at the earliest. Advise.
1 Answer from Attorneys
16.07.2013
Dear Sir / Madam,
Your line of action has to be directed at the Sales Manager of the real estate Company who told you that the full money will be refunded back to you in case of cancellation. You should tell him / her point blank that if the Company does not refund back your money within 7days, you will report the matter to the Police. If they fail to comply, lodge an FIR against the Company in the local Police Station.
Regards,
Related Questions & Answers
-
Which is the leading real estate builders in Noida? For more info of Real... Asked 7/16/13, 5:49 am in India Real Estate and Real Property