Builder is not refunding back my advance payment Builder is not refunding back my advance payment

4 years ago

I had booked a flat by paying a certain amount in April 2019 for purchasing a flat basis fund will be raised by selling out my old flat. A MOU was signed between builder and me stating details of transaction. In the same builder had put a clause that booking will be cancelled if entire amount of flat is not paid by July 31,2019. My old flat could not sold out during this period and hence I asked them to refund back my booking amount as am in urgent need of the same for my daughter's master study in abroad but builder is saying amount will be paid only if their earmarked flat is sold out. Pls adv

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You just get issue a legal notice and file a suit or approach consumer forum.
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Rameshwar Dadhe

Responded 4 years ago

A.File complaint against them to the rera department
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Dhrubaraj

Responded 4 years ago

A.Without detail discussion and without review of MOU proper consult is not possible.
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Sanjay Kumar Jha

Responded 4 years ago

A.Dear Client,
As you stated here that you could not meet the time schedule for the final purchase amount , whereas , you have entered with seller a MOU for such pay.ent time frame, hence if there must be provisions regarding forfeiting the advance/ booking amount or if any other may be which you must be knowing better. Therefore, that MOU would stand accordingly for your claim or defeating such claim. If there are no any claim provisions , then you must issue a notice to get refund and also you may file a case in consumer court or civil court.
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