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RD (Accountant)     11 March 2013

Pre launch apartment - first instalment paid

Dear experts,

I have a similar quetion - I applied for a Reputed Developers property and paid the initial first instalment through RTGS TWO days back in a hurry on being said to do so by the sales person and without even seeing the applicaiton form. It was a pre launch offer.

Now when I am seeing the applicaiton form and the restrictive terms and condition (which was not communicated to me earlier), I would not like to apply and get the money back.

I have not signed anything yet or agreed to take the apartment.

How can i get the first instalment amount which is already debited form my account and credited to Developers account?

Many thanks

RD



Learning

 1 Replies

elgin matt (consultant)     11 March 2013

Dear RD, Yours is a problem that many buyers face at the hands of builders. Normally builders get some type of prelaunch agreement signed from the buyers. Since these agreements have terms cancellation, additions and deletion on modes and means of payment are in terms of the same. It appears that the same didnot happen in your case. I am presuming that no formal agreement has been entered into and token amounts of installments have been paid. Given this situation one can seek through a suit recover the said amounts in the court of law. In the same breath I also insist that you read the terms handed over to you now if any reference of earlier instalments being adjusted and thus non refundable is given in which case the nature of suit ie civil case will change also some of these terms may include terms suggesting that the amounts are non refundable, here again the strategy for recovery will change. The other alternate remedy will be to get a legal notice served on the builder for recovery and hope that the builder pays the amounts atleast partly. Adv Elgin matt john www.elginmattjohnandassociates.com, 91 9818732715

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