Builder sold flat to 2nd buyer after taking toen from 1st.

ashok kumar (Querist) 17 January 2021 This query is : Resolved
I booked a flat in navi mumbai in march 2020 and deposited 50,000 token moneyas (cheque) but he did not issue me any allotment letter against the booking. On March 23, Nationwide lockdown was imposed and all the services stalled.
After lockdown, i contacted the builder in November 2020 for further process in matter but the sales manager told me that your flat has been sold to another buyer(without any communication with me during this entire period)
He offered me other flat in the building but with increased price and lower carpet area which was not accepted by me .

When I asked for token money, he told me that your booking is cancelled and token money is forfeited.
I wrote a letter to the builder to return the token money but he is not replying.

Please guide me how to get my token money back as I have not cancelled the booking.

Regards
Ashok

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Guest (Expert) 17 January 2021
Making an Payment with out an Receipt mentioning the purpose of Payment or Agreement will not be an strong legal evidence. Try to get back your money in an amicable manner or seek the guidance of an Local Advocate discussing with him in detail.

Advocate Bhartesh goyal (Expert) 17 January 2021
You have paid 50,000/- through cheque to builder for booking flat and builder without informing/consent to you sold your flat to another person amounts deficiency of services and angare trade practice.you may file complaint before Consumer Forum/RERA in this regard also lodge FIR against builder for cheating.you have strong case.

Guest (Expert) 17 January 2021
Approaching the Consumer Court would not be possible with out Documentary Evidence and Proof..Only an Civil Suit for claim of Refund of the amount could be made in your Case/Issue. Even an Suit for Specific Performance would not be Possible with out any Documentary Evidence and Proof. Amicably sorting out would be the best remedy. Legal battle could be more expensive than the money involved and more time consuming as well.

Rajendra K Goyal (Expert) 20 January 2021
Lodge complaint with RERA.

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