Jegatheesan (Sr Process Designer) 22 December 2013

Advance paid during pre-launch offer

Hi,

I have booked an apartment in pre-launch offer by paying 1 Lakh with a Bangalore based Builder during March 2013. Builder now has got all the approvals and he has asked me to pay 20% of the payment after giving legal documents.

I appointed a lawyer to verify the title. He checked and came back saying there is a problem in family tree, being this as JD and ancestoral the property he has advised the title is not clear and asked me to drop the project.

I approached builder saying provide me a supporting document about the tree structure issue and he said the documents given should be enough because my bank has cleared the project.

Questions:

1) When I asked my advance back from builder (due to title is not clear) he said 5% of the basic cost will be deducted. Can he deduct from my advance ?

2) If he deducts my money can I legally handle him to get back my money?

3) Few others from the project has signed the agreement because their lawyer said if there is no claim in last 30 years then there shouldn't be a problem. Is this true?

Thanks

Jega

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1 Replies

adv.raghavan (Advocate,9444674980) 22 December 2013

According to you it is defective title, but the builder says it is perfect, and not ready to give u full amount back as refund. If it is mentioned in the agreement that non fulfillment of commitment will be met within stipulated time will result in deduction of certain amount from the advance paid, then u have to oblige, if it is silent then u can sue him for the same. Without going thru the documents commenting on others preference is not acceptable.