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Plot Developer | Booking Cancellation | Refund issue | Marunji Hinjewa


In Property Law
Hi I cancelled plot booking and asked for booking mount refund to the plot developer. The developer says he has transferred the money to plot owner and plot owner invested somewhere else. I am referring to booking form I signed with developer which had clause of refund full money in 15 days from cancellation date. Also payment has bank records. Hence I can surely take complain to multiple platforms but I don't know where do I take this complain for fastest and easiest way to get my money (4L) back. Thank you experts for your guidance here.

Answers (1)


281 votes

Hi,
If you have signed a Booking form only and no allotment is issued, there is no formal allotment and therefore the terms of Booking form survive. Let us also understand whether there are more plots for sale and whether this project is governed under Rera.

As you have suggested that Booking form allows cancellation, you should first issue comprehensive notice and ask for refund. You have two remedies available in law, to move for Civil Court recovery or RERA Tribunal (if project is registered) for refund, as per provisions of RERA Act. Also seek an injunction against sale of flat as allotted.

Secondly, you may choose to file a criminal complaint for cheating, criminal breach of trust and for mental harassment for non payment of your dues.


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