Anuradha Kumari (Housewife) 05 October 2011

Cancellation of flat booking

Hello,

I have book a flat from a Builder (in Mumbai on 1st July 2011) and paid 20% Amount (4 Lacs which includes booking also). I had told specifically that I intend to take Housing Loan for further amount. I filled that loan will be required in a Introduction Form of the builder also. His sales team agreed and said the registration process will start 2 months later and would be over soon and then the loan formalities etc. will be done.

But, there was delay in Registration of the Flats (of the upcoming project) on account of Builder. REGISTRATION PROCESS has yet not started. But after 3 months (ie. today), I received a Letter from the Builder that 50 % of Flat work is over and I need to pay 6 Lacs by 7 days otherwise 18 % interest rate will be charged.. When I confronted, they said... they didn't mean me... (BUT THE LETTER IS ADDRESSED TO ME)???????? WHAT IS THE NEED OF THIS LETTER? Besides, there is no delay etc. on my part... The matter is with builder, he needs to complete the registration process soon..........I will PAY ONLY after the registration is done and Bank sanction my HOUSING LOAN.......

Their Behaviour is disgusting.......callous....

Now, I wish to cancel my booking ....

When asked about cancellation formality, they said just write to them and attach the original Payment Receipts of the money (issued by them) and I will get refund in 6 Months.....Then, WHY 6 months..??

There was no agreement etc, on CANCELLATION rule/ procedure etc. Nothing wreitten/ recorded etc. on this matter. The Builder head Office is in Navi Mumbai Dist., Maharashtra.

Is there any Government Guideline etc. Any laws etc.??????

Please suggest.............

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10 Replies

Shailesh Kumar Shah (Advocate) 06 October 2011

Check application form.

Alok Tholiya (self employed) 06 October 2011

I m in a similar soup. I have paid to Royal palms Rs 2 lacs. I do not knowe how to retrive same.

Anuradha Kumari (Housewife) 06 October 2011

Sir,

Nothing regarding this is mentioned in the Registration form which the BUILDER get me to get filled u (in the very begining).....

Kindly guide, how I should address this issue now

Shailesh Kumar Shah (Advocate) 06 October 2011

File complain before Consumer forum to get relief.

Anuradha Kumari (Housewife) 06 October 2011

How much time does it take Consumer Forum to get back the money (approx.). I feel this as a straight case....

These Builder Lobby (I suppose, is truely a nexus lobby).. When contront on the issue, they talk rudely.... In no profession, people behave so rude SO EARLY.......

Are Consumer Forumn and Consumer Courts same..?

Shailesh Kumar Shah (Advocate) 06 October 2011

apprx. more than 1 year but you have to demand interest etc. It is better to you engage lawyer, he will do needful.

Anuradha Kumari (Housewife) 07 October 2011

On booking of Flat, I had given A/c Payee Cheques (towards 20 % of the Flat Basic Cost). I was told that they are not going to demand any money from me further till the registration process is over... But, when they sent me this letter stating that 50 % work is completed and I need to give additional amount... Then I confronted, that it was discussed that a HOUSING LOAN is must.... So, first registration process be completed and then further money payment flows ...... I had a slight confrontation with them. As a result, they now say that they don't want to sell the flat to me. I then asked, to give me a cancellation letter.. but they didn't.. They are asking me to write a cancellation letter and attach the original money receipt and give... Further... THEY MAY GIVE ME my MONEY after 6 months so... (Nothing Promising/ forthcoming).... Kindly help/ advice ...

In spite of the Builder's insistence to me to cancel (on Tele), I FAX-ed one letter stating what talk did I had with their sales team at site some months ago and that it was mutually agreed that I pay 20% of Flat Basic Cost at that time, Registration will be done afterwards and then rest money will be there..... I clearly stated my inability to pay any money without a HOUSING LOAN... but no reply has come yet from the BUILDER's side AS YET........

Suppose, I go to their office with a cancellation letter and if they might not like its content or if they just take the cancellation letter and original receipt and not give anything signed to me as a token of evidence,----- suppose suppose.... How the situation should be handled (carefully and without complications)
There has been no cancellation aggrement etc. between us.....

Kindly Guide

Anuradha Kumari (Housewife) 24 December 2011

Please guide me ....... ANYBODY!

Its more than 2 months! I tried my best to sort out the issue amicably but it seems they are totally INWILLING! They n phone, say have cancelled my booking... not sure when they will return my 20% amount...and also unwilling to give me in WRITING regarding the flat booking cancellation.... I am now in dilema.. What to do?

I cann't / was not able to settle amicably and they have kept me guessing.. killing the precious time.. etc. What to do when faced with a strong arm twisting lobby/ people who are just not willing to listen anything....

Alok Tholiya (self employed) 24 December 2011

Builders are extra terrestrials AT and most laws dont apply to them .

Rohit (Attorney) 13 January 2012

Hi,

If you go to the court, it will take some more time.

Read the application form carefully. (terms and conditions). If its not mentioned therein, they cant forfeit any amount from the paid amount and please collect your all papers/email communications and keep with you. Send them a letter to clarify the dispute and still if they dont, go to CCI and things will be done.

Regards

Rohit