Refund of booking amount
JSA
(Querist) 08 November 2019
This query is : Resolved
Recently I had shortlisted a BMW car and the dealer's salesperson came home, negotiated a package including funding deal from BMW Financials (subject to their finance deptt clearance) and took a cheque for Rs.2 Lakhs as booking amount. No terms and conditions for booking amount were discussed or shared. Next day the cheque was deposited and the following day, I realised that one of the key essential feature that I required, was missing in the booked car and model. I sent an email immediately canceling the booking citing the lack of the feature with the request to refund the booking amount.
My question is that even though I canceled the booking within 2 days of making it (car loan was yet to be processed by BMW Finance), can the dealer refuse the refund citing any non-refundable policy?
Dr J C Vashista
(Expert) 10 November 2019
Show the agreement to a local prudent lawyer for analyses of terms and conditions stipulated therein.
JSA
(Querist) 10 November 2019
Sir, there is no agreement. As I wrote, the salesperson just took the cheque as booking amount to block a car subject to the clearance from BMW Finance for car finance. They needed different papers from me such as ITR, bank statements, Aadhaar card, electricity bill etc for their analysis and approvals. No terms were shared or discussed. I thought it was a normal process to show the intent to buy a car by giving a refundable token amount. Subsequently, before their approval for the car loan, I sent a booking cancellation email. Therefore this query.
KISHAN DUTT KALASKAR
(Expert) 11 November 2019
Dear Sir,
Reasonably your booking was legally booked by paying advance amount so the only narrowed point to be discussed whether you are entitled for refund of entire booked amount on its cancellation without their fault or entitle for only a portion of such booked amount.
Adv. Vaishali Harish Gore
(Expert) 13 November 2019
the dealer shall go as per their policy,
one has to check before giving any payment, and 2L is not a small amount. if the dealer has done any process like booked a car on your name and they have cancellation policy after deducting any amount then they will deduct the same.
its better that you visit and check with them for refund of your full amount
