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Vishal   12 February 2020

Cancelled booking in under construction property

Hello Everyone ,

I would like to highlight the situation currently I am going through and I need your expert opnion to resolve it. Last year Jan 2019 , I booked a flat in under construction property in Dombivali (East) located in Thane District. When I met builder he explained me that the project is RERA approved and he is planning to build 14 storey building , he then said that currently he has got approval until 6th floor but eventually he will load TDR and get it approved withib couple of months. So with his commitment I booked a 2BHK  house at 12th FLoor and I gave him 20% payment which is 20 Lacs in a month time since he committed me that we will do registration in April 2019. 

I called him in April and asked for the status but he said the approval is still in progress and it may take 2-3 more months and he assured me that your money is safe so not to worry about that. Upon calling him  again in June he said it is still in progress and now the approval will come in Sept . I then went to his office in Sept since I work overseas so most of the time I used to call him , he told me that the approval above 10th floor will come only when state government will provide premium FSI and this apporval is for all the builders . I was shocked when I heard this and then I asked him why he didnt tell me all this when I booked the house , he said he will get approval 100% but till now he has not received which is in Feb 2020.

I have cancelled my booking and he has refunded me 10Lacs rupees , but now for remaining amount he said he will deduct 12% GST which  he has paid when I booked the house..Until Feb he never talked about GST and he never gave me any RERA receipt because he had received approval for the project until 6th floor.

He just signed one MOU between us which states that I have paid him 20 Lacs agains the house I booked on 12th Floor.

Can anyone please suggest what should I do next to get 100% refund of my money .

Thank you in advance.

 

Regards,

Vishal

 

 



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     12 February 2020

Dear querist,

You have to take legal action against the builder. Send him a legal notice and later on file consumer complaint against him. You may contact me for further proceedings.

Regards,
1 Like

Nikita Parekh   12 February 2020

Dear Querist

You must first recover as much amount as possible ...which the builder is willing to pay ...and then proceed for disputed pending amount

Sourav Das (Advocate Supreme Court of India)     12 February 2020

Issue legal notice, cancelling your booking and demanding your amount. Then complain before RERA or file suit for recovery of money in civil court. You may also register FIR against builder for cheating.

Vishal   12 February 2020

He is buying time , he said he will deduct GST and refund the remaining amount in March which I disagreed . Do I have any way to get my GST amount refunded back as well.


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