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Pratik R S (Assistant)     16 October 2020

Refund of booking amount

I had entered into an agreement with a developer to buy a flat.
I had paid Booking amount of Rs. 2,00,000/-
Now, due to some financial constraints I will not be able to pay further amount and honor the agreement.
The developer says that my money will not be returned and will be forfeited.
The agreement is not registered.

What can be done?



Learning

 7 Replies

Harendra Kumar (A Practicing Lawyer)     16 October 2020

In regard you should file a case before RERA or Consumer Dispute Court as the case may be, you can be filed a case in the aforesaid matter before other and another authority or court as the case man be.  Further it is settled principle at no one can be forfeited your earned earned money given to the builders or any kind of manner. In regard several judgement has been passed by the Apex Court, Higher Court as well as RERA Authority. Hope you can do so.

      

1 Like

Adv Vinay Mathur + 8447131770 (Advocate)     16 October 2020

What is the booking amount as per the advertisement or prospectus?

Whether builder is registered under Rera?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 October 2020

What exactly was mentioned in the agreement regarding forfeiture of advance amount in the event of failure to pay further amount by Buyer.

Dr J C Vashista (Advocate)     17 October 2020

Originally posted by : Pratik R S
I had entered into an agreement with a developer to buy a flat.
I had paid Booking amount of Rs. 2,00,000/-
Now, due to some financial constraints I will not be able to pay further amount and honor the agreement.
The developer says that my money will not be returned and will be forfeited.
The agreement is not registered.

What can be done?

What are the terms and conditions of agreement to sell ?

It would be better to seek service of a local prudent lawyer for better appreciation of facts./ documents, professional guidance and necessary proceeding

Registration of agreement to sell is optional and not compulsory.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 October 2020

Completely agree with logical & legal view of Shri Harendra Kumar (Executive).

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
 

Adv Vinay Mathur + 8447131770 (Advocate)     18 October 2020

Ther is a possibility of forfeiture of booking amont in Rera.

avadhesh Paliwal   22 October 2020

Immidiately higher a advocate or please FIR in a police station for forgery


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