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Builder is refusing to pay booking amount what to do


23-Feb-2023 (In Consumer Court Law)

I have booked a flat in a project at Greater Noida West by submitting duly filled in application form alongwith requisite booking amount Rs. 3 lakhs through cheques. There was a note at the bottom of the application form saying that booking amount is non refundable after allotment. Now, due to some issues and financial crunch I have changed my mind and want my booking amount refunded to me. I have not yet signed builder buyer agreement. Please advise.

Answers (3)

Answer #1
528 votes
Send a legal notice to the developer asking for refund followed by a criminal complaint for cheating and consumer complaint for refund of money and damages. This is a regular illegal practice by the developer , however if handled rightly the money will be refunded.
Answer #2
725 votes
You can prefer a consumer complaint, by terming the said contract to be unfair, since such term was conspicuously placed in the agreement. However some more information will be required in that order to give a better reply.
Answer #3
539 votes
Dear Sir,
There is no uniform norm for these builders at place which they are bound by while cancelling bookings
Some builders deduct 10 per cent of the booking amount, others quote the same figure on the 'cost of property' and whereas smaller developers may forfeit the entire booking amount.
However, Courts have successfully in many cases directed the builder to refund either the entire amount or deduct 1%. The consumer is not bound by unreasonable conditions that of the builders. hence you can send them a legal notice and if they dont respond to your grievance you can file a consumer complaint.
Please feel free to contact in case of any clarification.

Regards,
Pragya Wazir

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