REFUND OF ADVANCE AMOUNT PAID FOR PROPERTY DUE TO CANCELLATION
3 years ago
Day 1
Initial advance amount of Rs 200000 paid to real estate company for a RERA project in Bangalore. Submitted application form with cost sheet and supporting documents like PAN, AADHAAR with signature as email to Sales rep A and his manager B. I didnt receive any payment acknowledgement nor any acknowledgement for application form submission.
Day 4
Sent cancellation email to sales representatives A and B. Reason stated clearly was job insecurity and COVID related financial stress and asked for refund in mail. Sales reps say refund not possible in my case.
Day 5 - Day 22
Tried reaching the sales reps to reason with them as to why I cannot be refunded. Sales A redirected the issue to his manager Sales B, Sales B ignored my mails for 5 days after which he sent a plain email stating amount wont be refunded with any reason. For the next 11 days, Sales B ignored my calls, SMS, emails, whatsapp messages and calls even after reading whatsapp messages.
Day 25
Tried reaching customer support team of company for the last 3 days by emails and calls and finally managed to speak to an executive. I stated my grievances. After an hour after call, I receive allotment letter sent by support team. Speaking to support team, he mentioned that manager of B asked him to quickly issue allotment letter. For the next 2 days, I tried reasoning with the executive and finally gives me the emailid of the manager of B.
Day 27
Email sent with all the details. Reply received from Sr. General Manager - Sales, states that refund not possible since management declined it.
IMP NOTE -
Terms and Conditions of the application form with regards to cancellation state - "Any defaults in payments by applicants to promoter after issue of the allotment letter will be handled in accordance with the terms and conditions of the allotment letter or executed agreement to sell as applicable. Consequent upon cancellation of the allotment, promoter will not refund the amount"
No cancellation related clauses in cost sheet.
Since allotment not done by time, I feel amount should be refunded. The T and C also supports me case I guess.
What are my options to get the full refund ? Can I approach consumer court in Bangalore ? Should I even approach RERA ? How much cost would i incur due to legal fees?
sanjay panda
Responded 3 years ago
you issue notice addressing MD of company and in non response in stipulated period you can approach either or simultaneously consumer forum,RERA /police complaint etc.
pls. note wherever you proceed always involve MD as party so that pressure will be more and they will treat it to resolve fast.
Devesh Tripathi
Responded 3 years ago
give notice though lawyer and file the case
Farheen Qureshi
Responded 3 years ago
2) he cannot refuse to refund any amountÂ
3) file complaint against builder before RERA and seek orders to direct builder to refund your money with interest.
4)Now as per RERAÂ builder can not take any deposit in any form, of more than 10% of the cost of apartment ,plot without entering into written agreement for sale duly registered,kindly check if amount paid by you is more than 10% of your flat price,if it is more u can claim entire amount with interest.
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