Need advise to recover booking amount
Saurabh
(Querist) 06 May 2022
This query is : Resolved
Hello, My name is Saurabh.
Last month i booked a 2bhk flat from a builder and paid 10% booking amount in 2 installments + 4 lakh cash to the builder. The basic price of the flat on agreement is 35 lakhs, for rest of the amount i was taking a home loan. I have signed the agreement and also got the allotment letter which was required for the loan application.
Now, my bank has found that there is already a 20 lakhs loan sanctioned against the same flat and now the builder is saying that previous owner has surrendered the flat to the him for whatever reason and he is willing to clear that existing loan.
Now, i don't know what can i do in this situation. I do have receipts and bank statements for that 10% percent amount but no documentation for 4 lakhs that i paid in cash. Please suggest the next step that will allow me to recover and get out of this mess.
Thank you!
kavksatyanarayana
(Expert) 06 May 2022
The previous buyer should compulsorily repay the bank loan but not paid by him and hence the bank will not sanction you. So ask the builder to return the amount that you paid to him. Otherwise, file a case against the builder in the District Consumer Forum of your district.
Saurabh
(Querist) 06 May 2022
Thank you for your reply and valuable guidance.
Am i right to assume that either way i won't be able to recover the cash amount?
Dr J C Vashista
(Expert) 07 May 2022
You must have taken acknowledgement / receipt of the amount of Rs. 4 lakh paid in cash, now pressurize the builder to accept receipt / refund of the amount, which can not be recovered legally.
Advocate Bhartesh goyal
(Expert) 08 May 2022
You had asked this query on other platform ( Forum ) on 6th may 2022 and you have been replied then why did you repeat again in this section.?
