Builder withholding money without any contract in place
Sonali Dasgupta
(Querist) 15 October 2013
This query is : Resolved
Hello Experts,
We booked a flat worth 1.12Cr last month and paid the booking amount of Rs. 3 Lakhs. Next, the builder asked for a cheque of 20% of the property value in advance before the signing of the contract. We received a receipt for the same. The builder then encashed the cheque BEFORE we signed the sale agreement. On the day that we met the builder, they changed their terms of sale and so, we refused to sign the sale agreement. So, now the builder has a huge sum of money WITHOUT any sale agreement in place.
We have sent them a postal letter and many emails asking to cancel the booking and return the 20% advance (which they should NOT have encashed before the signing of the agreement) and refund the booking amount. However, they are not responding to our mails and not refunding any money. Please Advise what we should do....
Thanks and regards,
Sonali
V R SHROFF
(Expert) 15 October 2013
Immediately issue Notice to show cause why action u/s 420 & civil suit
Sonali Dasgupta
(Querist) 15 October 2013
Thank you very much for the advice. Would you know any reliable lawyer based in Bangalore who can be of help? I think we should get the money back along with the interest...
Devajyoti Barman
(Expert) 15 October 2013
This is a case of deficiency of service as well.
If you file such case you can apart from getting your money back would get adequate monetary compensation as well.
For an advocate at Bangalore you can call at 9062412450.
R.K Nanda
(Expert) 15 October 2013
send legal notice to builder to refund booking amount failing which file consumer complaint.
Sonali Dasgupta
(Querist) 15 October 2013
Thank you all for the advise. I will arrange to send a legal notice asap.
ajay sethi
(Expert) 15 October 2013
agree with experts
R.K Nanda
(Expert) 15 October 2013
ur welcome.
Rajendra K Goyal
(Expert) 15 October 2013
Well advised by the experts, nothing more to add.
