Non-Refund of Booking amount by the Builder
3 years ago
I have booked a 3 BHK flat in "Rajwada Emeralds" project in Kolkata on 18.10.20 with a booking amount of Rs. 51,000/- after getting confirmation in writing on 17.10.20 through Whatsapp from the Sales Team that their Project is SBI approved which was my primary condition for booking. Before signing of the Sales Agreement, I sought for SBI approval letter which the Builder could not provide instead they submitted their justification that some of the Purchasers have got loan from SBI on individual basis. They are asking me to sign the sale agreement but not providing the letter of SBI because they do not have any approval.
Thereafter, I requested the builder to refund my booking money of Rs. 51,000/- because the project is not approved by SBI. However, they have informed that they will deduct Rs. 50,000/- as cancellation charges which I objected on the ground that Builder has mislead me by giving false information that their project is SBI approved. But still they are not refunding my money.
Please suggest Legal remedy.
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
You can initiate legal action against the builder for inducing you about the SBI approval, having not submitted the SBI Loan approval they have violated the promise, so you can charge them
Ayantika Mondal @ Prime Legal
Responded 3 years ago
In such case you can approach the consumer forum.
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Since the builder is not returning your amount, and neither is showing you the SBI approval letter, you can file a complaint in the consumer forum.
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Gopal Gupta
Responded 3 years ago
Thank you.
It is clear case of cheating and you have a strong case. You may get issue a legal notice threatening to approach Police or Magistrate by filing private complaint and also media and social network to demoralize his activities thus you have chances of getting back your booking amount along with some compensation from mental torture and cheating.
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