I had paid 2L as token for booking a flat in Rising city project in Chembur, Mumbai. On visiting site, I had requested for a copy of the agreement and land papers so that I can go through them. They made an excuse that they don't have a print out, and will mail it to me later in the same evening, and insisted that I should first sign the receipt, and then later any problem are detected in agreement, they will rectify accordingly. In the receipt it is mentioned it is an holding amt and will not be refunded in case booking is cancelled later.
They mailed me the pdf document only after 4 days after calling them many times;
There were many clauses in the agreement, that I needed clarification or deleted as I didn't agree on them. One of them been
4.7 The Purchase Consideration is based on the present prevailing market price of the materials, labour and services. The prevailing market price of list of major material, Labour and Services is annexed hereto as Annexure-F. It is expressly agreed between the Parties that in the event of the cost of construction of the said Building, common areas and amenities and/or common facilities in the said Property and matters incidental thereto increases by more than 5% by reason of
escalation in the prices, cost of construction of materials, wages of labour, services etc., the Promoter shall be entitled to enhanced Purchase Consideration to the extent of the increase in the cost of construction as may be certified by the Architects of the Promoter. Such additional Purchase Consideration shall be apportioned equally between the unpaid balance installments of
the Purchase Consideration and shall be payable by the Purchaser(s) to the Promoter along with such unpaid balance installments of the Purchase Consideration.
On requesting clarification Malwin mentioned only over the phone that this is standard clause and we wont charge anything. dont worry. I requested that I need this in writing. They said they will discuss and it took them another one week and with several emails reminder, they finally refused giving anything in writing. I believe Such a clause is not in the MOFA and is illegal. I said i wont be able to go ahead without clarification, they said they wont give anything in writing.
Also they are charging 7.5 Lakhs rupees for Parking, which is also an illegal act by the builder.
Immediately I requested my paid amount immediately this is the reply;
Malwin
Feb 6 (7 days ago)cleardot - Rising City, Rare Township, Ghatkopar, Mumbai
to amit.malhotra, me, Randhir, Gargi, Rita cleardot - Rising City, Rare Township, Ghatkopar, Mumbai
Dear Sir,
This mail is with reference to email dated: February 5, 2016 with regards to withdrawal of booking i.e. A-4/901.
We would like to inform you that under Holding Receipt dated: January 19, 2016 signed between us, if Holding/
Application is withdrawn/cancelled, the amount paid by you under this receipt shall stand appropriated as
charges/liquidated damages for Holding the said unit in your favour.
Regards
Malwin
Note:
The buider at present has been arrested for a 103cr fraud, and is held in police custody till 12feb 2016.
https://realty.economictimes.indiatimes.com/news/industry/hubtown-md-arrested-for-rs-106cr-fraud/50910109
So my question is, Can the Builder refuse to refund my Money?
Is there any law that I can take help of and get my money back.
Regards
