Token for new prelaunch flat amount forfeited
Mahesh
(Querist) 26 April 2015
This query is : Resolved
Hi,
I had booked a flat with one reputed builder in Mumbai,
terms of booking was 30% in 60 days of flat cost.
I had paid a token amount of Rs 3 Lakhs.
and was suppose to pay balance amount within 60 day, but due to some financial crises, I was forced to take a cancellation decision for the flat.
the builder is refusing to repay my token 3 Lakhs as he said that it was mention in the boking form.
the booking form was not an agreement, nor on proper letter hed of the builder, it was just a form printed in white paper.
they have not provided me proper receipt for cheque payment mad as token money, i had written then mail but they are not replying to my mail also ,And when i am visiting their office the are saying the amount will not be refunded.
As for me the amount Rs 3 Lakhs is very high. being a middle class persion.
Can you please help me with the solution.
how to proceed.
Sudhir Kumar, Advocate
(Expert) 27 April 2015
AT THE MOST YOU CAN FILE A CONSUMER CASE. CHANCES ARE SLIM AS YOU ARE PARTY ON WRONG SIDE.
Dr J C Vashista
(Expert) 27 April 2015
What do you mean by the statement "booking was 30% in 60 days of flat cost.."??
Consult a local lawyer, engage and proceed in a professional manner as advised.
Devajyoti Barman
(Expert) 27 April 2015
The earnest money can be not forfeited in full.
File a case on consumer forum. You will get refund along with interest and compensation.
Rajendra K Goyal
(Expert) 27 April 2015
By filing the form and signing it you have agreed to the terms of booking. If it contained term of forfeiting the earnest money, you have a weak case.
P. Venu
(Expert) 27 April 2015
Have you any proof of payment of the token money?
Mahesh
(Querist) 27 April 2015
Hi P Venu.
I have made the payment via a cheque. And I have Xerox of cheque of the cheque with the builders round stamp on it.
As I have not received proper receipt a son now.
Mahesh
(Querist) 27 April 2015
Hi P Venu.
I have made the payment via a cheque. And I have Xerox of cheque of the cheque with the builders round stamp on it.
As I have not received proper receipt a son now.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
First issue them with a legal notice demanding the deposit money, after their reply(or not), you may approach appropriate court of law for remedy.
