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Mayur Pabale   04 August 2018

Booking amount refund from builder in case of dispute

Dear members,

Looking for a suggestion on below mentioned case-

I have booked an under construction property(20% completed) in Pune with a booking\Token amount of Rs 1 Lac.

At the time of booking, I was told 1 stilt car parking is mandatory for all members and I can opt for 2nd stilt car parking by paying 2 lac rupees extra. Basically, I was told I would be given 2 stilt car parking for 2 lac extra. I didn't have a budget for extra 2 Lacs but since I was getting extra car parking(And considering parking problems nowadays in cities like Mumbai and Pune), I opted for 2nd car parking by stretching my budget.

But during booking I was not told that 2nd parking is stacker park (Mechanical 1 above other car park). I noticed it in receipt of booking amount. When I called the builder sales team for clarification, they simply turned my concern down saying it was already communicated at the time of booking that it will be mechanical parking. But I clearly remember it was not mentioned in any of the discussion I had with 3 different salespersons.

Considering a budget stretch I had to undergo for this extra parking, I am really feeling cheated right now

Since this is misleading and trust break at the start of engagement itself, I am considering cancelling my booking and asking for booking amount refund from builders sales team. 

Please suggest me on how should I communicate cancellation to sale's team and what options do I have in case they refuse to refund the amount. 

  



Learning

 4 Replies

R.Ramachandran (Advocate)     04 August 2018

Once again you are making a blunder by asking this question here.

How do you expect us to answer you when we do not have any document to verify and say whether what are the consequences, if you simply ask for refund.  Whether they will give refund or not.  This will depend upon what are the terms and conditions.

Instead of asking here, why dont you consult a lawyer in your locality by showing the documents; by enquiring from the builders etc., before actually taking the step for asking refund?

1 Like

N.K.Assumi (Advocate)     06 August 2018

Unless the documents in question is posted for scrutinising, no opinions can be expected from the members, and any opinions in absence of the said documents will be only a prophesy, which is unknown principles of Law of Interpretations of documents.

1 Like

Kumar Doab (FIN)     10 August 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT/consumer matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     10 August 2018

Verbal transactions are difficult to establish.

Relate with published brochures/communications and find the variance at the end of builder.

One should transact in writing and build favorable written record (audio/visual/witnessed/minuted).

Discuss in person with a very able LOCAL counsel in person for a considered opinion on variance/deficiency.


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