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Builder cancelled my booking and forfeited token money what to do
16-Aug-2023 (In Consumer Court Law)
I booked a flat at exotica in Oct 2014. I paid them 8.25 lac as booking amount. I had to pay the remaining amount in three months but I couldn't. I arranged money in July 2015 and when I went to pay they asked me to pay late payment charges of Rs. 8.5 lac 8n addition to the flat payment. I tried to negotiate but in vain. Then after sometime when I asked them to return money they sent me cancellation letter and said that the money is forfeited. I can email the scanned copy of allotment letter for your reference. Please suggest how should we proceed?
In your case, the agreement signed at the time you paid the deposit to the builder would assume significance. The payment schedule, if any, would be required to be looked into. Assuming that the agreement has a clause for delayed payments by buyers, even then late payment charges of Rs. 8.5 lacs is too high, and the builder may find it difficult to justify it. Moreover, in case there is such a delayed payment clause, the same cannot be prohibitive. The NCDRC has come to the rescue of buyers in cases where such agreements are one sided and builder-centric, since the buyer haslittle or no say at the time of signing the agreement.
For starters, please send the allotment letter, so that the same can be examined. Based on that, sending a legal notice to the builder may be contemplated. If the builder does not take corrective steps, future course of legal action may be decided.
For starters, please send the allotment letter, so that the same can be examined. Based on that, sending a legal notice to the builder may be contemplated. If the builder does not take corrective steps, future course of legal action may be decided.
Helpful?
20+
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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hello,
I understand the concern you have, however in such cases we will have to go through the agreement that has been signed between you and the builder; and will have to see the clause which talks about the earnest money and its forfeiture. If possible send me the scanned copy of the agreement and the cancellation letter.
Thanks and Regards
I understand the concern you have, however in such cases we will have to go through the agreement that has been signed between you and the builder; and will have to see the clause which talks about the earnest money and its forfeiture. If possible send me the scanned copy of the agreement and the cancellation letter.
Thanks and Regards
Helpful?
16+
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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Hello ,
Is this project with parsvnath exotica?
Iv currently got a favourable judgement against them in another consumer matter .
We could take a look at your documents and discuss a course ahead.
Warm Regards ,
Is this project with parsvnath exotica?
Iv currently got a favourable judgement against them in another consumer matter .
We could take a look at your documents and discuss a course ahead.
Warm Regards ,
Helpful?
18+
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Adv. Salonee Agarwal
Delhi | 100+ Answers
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