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Developer retuning amount after 15% deduction, is it legal?
24-Aug-2023 (In Consumer Court Law)
Sir .. My question is, I had book a flat in one complex. His sales manager committed me to provided 95% loan of flat cost and alos committed, if incase I will cancel the booking he will return full booking amount without any deduction, but now when I am canaling booking they are deducted 15% on my booking amount. Please advised me
Dear Client,
How was the commitment made? Do you have any written documents in place whereby it states that full amount would be refunded or "X"% amount would be deducted on cancellation ?
If no cancellation clause is mentions in the allotment letter/booking receipt - You can very well initiate, case for recovery before consumer court. Courts in past have observed that developer has no right to withhold any money of purchaser, if booking is cancelled and no service is provided.
Expert Jurist LLP.
How was the commitment made? Do you have any written documents in place whereby it states that full amount would be refunded or "X"% amount would be deducted on cancellation ?
If no cancellation clause is mentions in the allotment letter/booking receipt - You can very well initiate, case for recovery before consumer court. Courts in past have observed that developer has no right to withhold any money of purchaser, if booking is cancelled and no service is provided.
Expert Jurist LLP.
Helpful?
Adv. JV Bhosale
Mumbai | 400+ Answers
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The deduction of such kind of amount is not permissible in law. If your are cancelling the agreement then they should repay the entire amount deposited by you and your are also entitled for the interest thereon. You can file a case before Consumer Forum for recovery of such kind of amount.
Helpful?
Adv. Ujwal Phasate
Nagpur | 100+ Answers
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