Refund of booking amount
NEERAJ SHARMA
(Querist) 21 April 2013
This query is : Resolved
how can a builder be bound to refund the booking amount of a flat as the purchaser is now not in a position to payout the price (only booking amount has been paid and builder is denying to refund it)
prabhakar singh
(Expert) 21 April 2013
Under what terms and condition it was paid
would govern the case most.It is you who is rescinding the contract then builder does need to be compensated by the actual losses caused to him by you would be legale position before court in case any dispute arises by a law suit initiated by you as you can not initiate any Consumer complaint proceeding as there is no kind of deficiency in service .
R.K Nanda
(Expert) 21 April 2013
send legal notice to builder to refund ur
amount.
ajay sethi
(Expert) 21 April 2013
it woul depend upon terms and conditions of contract . does your agreement with builder provide for forfeiture of earnest money if balance payment not made
Raj Kumar Makkad
(Expert) 21 April 2013
Such person cannot claim refund as a matter or right but he can definitely claim it as per terms and conditions of the agreement. Get help of a local lawyer.
NEERAJ SHARMA
(Querist) 23 April 2013
flat booked was at 7th floor but was not specific, the construction has not yet been started after payment of booking amount agreement made was not registered ,no clause to forfiet the earnest money in agreement legal notice has been send but no reply recived
Raj Kumar Makkad
(Expert) 23 April 2013
If reply to legal notice has not been sent by landlord then file a civil suit against him.
