LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chinmay Mallick (Manager)     15 June 2012

Can developer forfeit money for non execution of agreement?

Dear All Good Morning!

I need some help/suggestion from your end. I have booked 900sft. of flat from a developer in kolkata through their marketing agent on 2nd of April, on which I have paid rupees one lac by cheque in the name developer to his marketing agent. Though no agreement paper I have signed on that time but signed a application form given by marketing agent on which nothing was written that my money will be deducted if I don't make the agreement within due date. But it was clearly written there that if we fails to execute the agreement on due date our booking will be cancelled.

Now things is that before signing the agreement I went to verify the aprtment physically(which I haven't checked before the booking) and found the carpet area they ware saying it's much more less in actual, as well as there are a big mobile tower very nearer to my apartment in someone's premises. When I said to developer that due to these reason I won't be able to take the apartment, he simply told me that I have to take the flat immediately,else my entire money will be forfeited. When this matter I told to his marketing agent(who was dealing with me from the day one) they simply wash off their hands. Can you please tell me now how to recover my money(rupees one lac)? Does developer have any rights to deduct my some/entire money when I didn't signed any agreement? Is going to consumer foram will be helpful?

Please reply.

 

Thanks & Regards,

Chinmay Mallick



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     15 June 2012

It seems that the form you filled did mention that if you do not execute the agreement then the booking will be cancelled.

Buyer Beware is the slogan when purchasing large ticket items such as property. Why did you give your money before seeing the property and relevant documents and details? Even if it was written or not that he can forfeit the amount, even then you will have to either make a request to him for a refund or fight a case.

You can go to consumer court where you  may get the order in your favour in case the forum decides on the basis of natural justice.

 

S Jadhav


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register