Regarding the booking amount

Querist : Anonymous (Querist) 16 November 2009 This query is : Resolved
Dear Sir/Madam,
I have booked a office space at Greater noida in the year 2006 with 10 % booking amount, on that time builder has given assurances to me after booking amount said office space was fiananced by the bank and said officve comes in SEZ zone.
But after that builder has not given any response and now, he refuse to return my booking amount. Please advice me, what I will do. I am interesting to file acase against builder.
My agreement was not registered.

Sanjeev Gupta

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A V Vishal (Expert) 16 November 2009
In absence of the clauses on which the sale agreement was entered it is difficult to advise. Contact a local advocate who will after perusing the docs, advise you properly in the matter and take neccessary action.

Kiran Kumar (Expert) 16 November 2009
i do agree with Vishal ji.

otherewise also the period for filing recovery suit is 3 years....so consult your local lawyer as soon as possible.

adv. rajeev ( rajoo ) (Expert) 16 November 2009
Follow the advises given by both the learned advocates.

dhiraj choudhary (Expert) 16 November 2009
oh its a consumer case.u r a consumer with in d meaning of"consmer" as mentioned in the consumer protection act. file a consumer complaint before d divisional/state consumer forum(depending upon the pecuniary jurisdiction) that 'll serve ur purpose

Raj Kumar Makkad (Expert) 16 November 2009
I suggest you to first serve a legal notice to the builder mentioning therein that he had to allot the plot/flat/building etc, on such a nd such date (within 2 years prior to the date of the notice) but has failed so demand the refund of booking amount with compensation and on his failure to adhere to the legal notice go to consumer forum and file a consumer complaint which has jurisdiction to dela with the matters having worth of 20 lakh.

Querist : Anonymous (Querist) 17 November 2009
Sir,
i am in delhi can u sugest me good lawyer

Sachin Bhatia (Expert) 22 November 2009
You can find so many Lawyers practicing in delhi on LCI.

Guest (Expert) 25 November 2009
I concur with Mr.Makkad. Service of legal notice should be the first step. However, you need to find a local lawyer to draft a legal notice. Non-registration of the agreement could be a threat but depends on the substance of the agreement.

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