Advance money not returned
7 months ago
Builder not returning the 50 K advance which I had paid as booking amount. I had not carried the cheque an the sales guy asked me to do an UPI an was promised complete refund if I cancel the booking.
A.Dear Client,
If you entered into an agreement to sell with the Builder before remitting advance in compliance with the said agreement and if that agreement contains any clause or term specifying that in case the Buyer cancels the booking within the cooling period i.e, a mandate for exercising your right to claim a refund of booking money or earnest money remitted for booking the flat and if you claimed the refund of booking money in compliance with said term/clause, the Builder is duty bound to refund your booking money. In case of denial by the Builder to refund the same, you may file a complaint against the Builder before the RERA if the project is a registered project of RERA for a resolution. Apart from this, you can also file a complaint before the Consumer forum against the Builder for deficiency in service and unfair trade practice, or else you can file a civil suit for specific performance against the Builder before the Civil Court. Reach out to an Advocate for guidance and steps.
If you entered into an agreement to sell with the Builder before remitting advance in compliance with the said agreement and if that agreement contains any clause or term specifying that in case the Buyer cancels the booking within the cooling period i.e, a mandate for exercising your right to claim a refund of booking money or earnest money remitted for booking the flat and if you claimed the refund of booking money in compliance with said term/clause, the Builder is duty bound to refund your booking money. In case of denial by the Builder to refund the same, you may file a complaint against the Builder before the RERA if the project is a registered project of RERA for a resolution. Apart from this, you can also file a complaint before the Consumer forum against the Builder for deficiency in service and unfair trade practice, or else you can file a civil suit for specific performance against the Builder before the Civil Court. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Review the Agreement: Check any written agreement or contract you had with the builder. Look for clauses related to booking cancellations and refunds. This document will be crucial in understanding your rights and the builder's obligations.
Document Everything: Gather evidence of your communication with the salesperson or builder. This may include text messages, emails, or any written communication where they promised a refund upon cancellation.
Request Refund in Writing: Send a formal written request for the refund. In this letter, include all the details, such as the agreement, the promised refund, and the reasons for the cancellation. Request a specific date by which you expect the refund to be made.
Consider Mediation: If the builder is unresponsive or refuses to refund your advance, you might consider mediation. Mediation is a process where a neutral third party helps both parties reach a mutually acceptable solution.
Legal Action: If all else fails, you may need to consider taking legal action against the builder. Consult with an attorney who specializes in contract law or real estate law. They can guide you through the process of filing a lawsuit if necessary.
Consumer Protection Laws: Depending on your jurisdiction, there may be consumer protection laws that govern such transactions. Your attorney can advise you on how these laws apply in your case.
Thank you.
Review the Agreement: Check any written agreement or contract you had with the builder. Look for clauses related to booking cancellations and refunds. This document will be crucial in understanding your rights and the builder's obligations.
Document Everything: Gather evidence of your communication with the salesperson or builder. This may include text messages, emails, or any written communication where they promised a refund upon cancellation.
Request Refund in Writing: Send a formal written request for the refund. In this letter, include all the details, such as the agreement, the promised refund, and the reasons for the cancellation. Request a specific date by which you expect the refund to be made.
Consider Mediation: If the builder is unresponsive or refuses to refund your advance, you might consider mediation. Mediation is a process where a neutral third party helps both parties reach a mutually acceptable solution.
Legal Action: If all else fails, you may need to consider taking legal action against the builder. Consult with an attorney who specializes in contract law or real estate law. They can guide you through the process of filing a lawsuit if necessary.
Consumer Protection Laws: Depending on your jurisdiction, there may be consumer protection laws that govern such transactions. Your attorney can advise you on how these laws apply in your case.
Thank you.
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