Hi Lawyer,
I need one advice regarding one booking which I did with a Builder. I made a payment for booking a Retail shop (No. 5) in the project. The payment was made through cheque of Rs 5 Lakh. Till date, there is no document has been signed between us. However, builder called me for signing allotment letter and told that Shop no. 5 is not available due to some changes in design and offered me shop no. 12 instead. But he asked higher price for shop no. 12 as it had better location but I didn't agree to it. I asked them to give it to me at the same price as Shop no. 5 as it was change at their end. They didn't agree to it. Next day, they told me that there is no change in plan and I can get my earlier agreed shop no. 5. This call seems like a fraud/ lack of transparency to me and I asked for cancelation as I was no longer interested in project and builder. They said there is no cancelation policy and can't refund. However, till date there is no document signed between us so no one has committed to anything yet. How can I get it canceled and get my money back? Please suggest.
A.If shop no 5 was mentioned in the booking form and shop us for self employment, u can go to consumer court. Send a legal notice and file a consumer complaint as per total value of property booked.
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Rajeev RJ
Responded 5 years ago
A.Hello,
Any correspondence between you and builder then we can issue notice to them asking the refund. Further there is possibility of getting an injunction from the Court also.
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Cancelation Issue
I had purchased an under construction property in 2017
