rEFUND OF Advance paid towards flat booking
Savithri
(Querist) 16 April 2009
This query is : Resolved
I had booked a flat in Bangalore by paying an advance of Rs.6 lakhs and an agreement for sale was entered into between the builder and me on a stamp paper. As per the agreement within 1 month the balance amount is to be paid or the advance paid is to be forfeited.
The bank has rejected the loan on the basis that there is deviation in the building.
The builder says that he will recover an amount of Rs.1.25 lakhs as penalty and pay the balance and we need to sign saying received towards full and final settlement.
Is there any legal recourse available?
A V Vishal
(Expert) 16 April 2009
Dear Madam,
The refund of the booking amount is subject to the terms and conditions as per the agreement of sale entered with the builder, if there is a clause whereby it states that the builder has right to forfeit certain percent of the booking advance, then there is no legal recourse, however if there is no such clause, then issue a legal notice through a good lawyer.
Y V Vishweshwar Rao
(Expert) 16 April 2009
I agree with the views of Mr Vishal and ;-
The terms of the Agreemetn will decide the rights and liabilities of the parties to the agreement .
The Builder violated Buildign Permit plans .
The terms of agreement regaridng the voilations of buildign permission and other aspects , to be verified
Whether the purchaser accepted under the terms of agreement for violation of the Buildign permits , these aspects to be verified and a Notice can be issued by local Advocate
with regard !
Savithri
(Querist) 16 April 2009
I thank Mr.Vishal and Mr.Rao for the replies.
There is a violation in the building with ref to the sanctioned plan. There is nothing about the deviation which is mentioned in the agreement for sale.
The agreement for sale generally is a document created for the purpose of obtaining the bank loan.
In such a case does the clause in the agreement bind the parties for refund of the amounts paid. Is there any possibility of getting back the advance amount paid in full?
Y V Vishweshwar Rao
(Expert) 16 April 2009
Generally the Advance may be forfieted on the gorund that the purchaser with out any basis concelled the Agreement and caused loss to the Vendor/Builder . The Agreement is for Laon and to avail the loan and to pay the balance Sale Consideraiton to the Vendor / Builder , there is no fault on your part . please get the Sale Agreement verified by the local Lawyer who will scrutinize your claim in terms of the Sale agreeemtn .
Injustice can not be done to purchaser for the faults of the Vendor /Builder
A V Vishal
(Expert) 16 April 2009
Madam:
If the buider has concealed the material facts regarding deviation in the plan based on which the bank refused to grant the loan and the same defect was noticed by you, then you can claim the refund of the entire booking amount along with interest from the date of payment by you till the date the builder refunds the amount.Think over, before replying, whether you were aware of the defect/deviation before you entered the agreement.
Savithri
(Querist) 16 April 2009
Dear Mr. Vishal/Mr Rao.,
Thanks for the advice.The agreement was entered into between the builder and us for the sole purpose of obtaining a bank loan.We have got a reply from the bank that the amount is sanctioned in principle and is not released as the building has a violation.(one floor is constructed without permission).Is there a recourse given the stated premise?
I would await your reply and decide to file a suit against the builder.
Savithri
(Querist) 16 April 2009
Dear Mr. Vishal/Mr Rao.,
Thanks for the advice.The agreement was entered into between the builder and us for the sole purpose of obtaining a bank loan.We have got a reply from the bank that the amount is sanctioned in principle and is not released as the building has a violation.(one floor is constructed without permission).Is there a recourse given the stated premise?
I would await your reply and decide to file a suit against the builder.
A V Vishal
(Expert) 16 April 2009
Madam:
Suggest you speak to the builder about the problem you are facing on account of the deviation from the sanctioned plan(one floor is constructed without permission), ask him to cure the defect, in case he refuses, you can void the agreement and institute a civil suit against the builder for recovery of your money.
sanjay singh thakur
(Expert) 17 April 2009
Dear Savithri
As there was no fault on your part and the loan was refused due to alteration in the sanctioned plan hence file a case before the concerned District Consumer Forum after consulting Consumer expert and your amount will be refunded in spite terms and condi. in the agreement to sale.
Regards.
