Flat booking-refund from builder
Vinay
(Querist) 03 June 2013
This query is : Resolved
Dear Sir,
We booked a 2BHK flat in Yemlur in Bangalore 1 month back.We have paid 8Lakhs booking amount and sale agreement was done on 11th of May.This project is from Bhoomika Infrabuit pvt Ltd.Site location is near to Bellandur Lake.Before booking ,we had concerns of the polluted lake and how it is going to affect our living in the area.When we raise the query with the bulder, he told us that there is no drainage water flowing to the lake now hence there wont be any issue we would face of this.Also since the bridge was under under construction and out let was blocked for nearly six months there was no stench we felt before booking and the builder did not said anything about impending risk though we asked about it.But when it started raining and bridge construction is over ,highly polluted water started flow through outlet and we could face the stench at the flat we booked as its just at the mouth of the outlet.
Seeing the situation ,we decided to go ahead and cancell the booking on 31st May.When we disucssed this with builder , he said as per booking norms , 20% of the flat cost will be deducated that means there is no refund to for the amt paid.
I would require your expert opinion and like to know if I can challenge this in Consumer court as its not because of any of our fault and may expect a favourable verdict incase I do.?
Please suggest
Regards
Vinay
Devajyoti Barman
(Expert) 04 June 2013
Since most of problems were visibly existing at the time of execution of sale agreement, You can not now blame the developer and cancel the agreement.
I do not think case before the consumer forum has much merit.
ajay sethi
(Expert) 04 June 2013
you should not have done the booking if it was near a polluted lake . builder cannot take the responsibility of cleaning the lake . it is the job of muncipal corporation
ajay sethi
(Expert) 04 June 2013
if builder defaults in carrying out construction within stipulated period then you can move consumer forum foer refund of amount paid .
Vinay
(Querist) 04 June 2013
Dear Ajay,Devajyoti,
thanks for your advice
My point is builder knowingly hide the truth and try to sold the flat.The problems are not visible during the execution of the agreement.
Are you telling there is no way to get money back
V R SHROFF
(Expert) 04 June 2013
Q I would require your expert opinion and like to know if I can challenge this in Consumer court as its not because of any of our fault and may expect a favourable verdict incase I do.?
ANS: NO
Now you must compl to court for nuisance, making builder as well as local municipality as opp party.
Anirudh
(Expert) 04 June 2013
Neither municipality is creating any nuisance nor the builder. Therefore the nuisance case will not take you far.
ajay sethi
(Expert) 04 June 2013
no you wont get your money back if you cancel your booking
Raj Kumar Makkad
(Expert) 09 June 2013
It is difficult to get refund of your booking amount as the cancellation is going to be from your side.
prabhakar singh
(Expert) 09 June 2013
Difficult but not impossible if fraud or misrepresentation revealed is proved.
To retain earnest money builder would need to prove actual damages caused to him due to cancellation of booking.The rest he must refund.
