How Can One Get Back His Booking Amount If The Developer Is Not Meeting His Agreed Terms & Conditions?
Question asked by Mr. Amardeep from Delhi:
Hi, I am Amardeep .I am writing to you in great faith. I have the following query.
In the year Nov, 2006 I invested for a flat in a pre launch project in Faridabad in Delhi-NCR. In Nov.2006 I paid 2.55lacs as first Installment. In Jan 2007, I paid another 2.08lacs as demanded by the builder. Till date I have paid total of 4.65lacs approx. which is around 30% of the total base price of the flat.
This builder didn’t start the work as per the schedule. He started allotments in March 2008.Till that time there was no progress. In between I enquired and found that he made refunds also to many people who were influential. I also approached for the refund. He asked me to do some formalities like signature proof by bank, original receipts of payments made etc. I completed all the formalities and reached his office. Initially the person in charge for the refunds took the papers from me. After that he went to this promoter in front of me, talked to him and came back to return my papers saying we will not refund. By this time the process for allotment had also not taken off. He said get the allotment after some time and stay invested you can not exit while at the same time he was doing refunds to some other influential people. Even now he is shifting the people to another of his project in Gurgaon, which he has well marketed. Also made offer to me to transfer in another project which is also pre-launch.
I am harassed completely. First there is no sign of any development of the site as yet in Faridabad, when I visited the site last month. When I approached him the other day, He said we have started work. Digging is taking place there. Pay another 10%amount for the allotment. The entire plan now he has changed when I got the Brochure yesterday. Layout plan is changed. Secondly, Now they say that AC will be provided in the master bedroom only while at the time of booking, they said it is fully air-conditioned. There were two options for car parking earlier -Rs75000 for Open car park and 150000 for Covered parking. Now this amount is Rs200000 and its the only one option he is giving. I am no more interested as this builder is just making fool of the remaining investors and buying time by just doing little for the namesake at the site place in Faridabad. When I ask for refund, he traps me saying that I will get back only 2.45lacs.
Please tell me, in a pre-launch, this was the booking amount only which I paid. Now there is no allotment and as such no formal contract between me and the promoter. At any time can I exit? If yes, then what are the scenarios–
1 After paying penalties
2 Or without penalty.
If I have to pay penalty, then to what extent. Will it be as high as 50%.How Can I get back my hard earned money from this Promoter. Am I entitled to get back my entire booking amount with interest? What are the channels whom I can approach for this gross injustice? Please Guide.
Thanks a lot in advance.
Warm Regards,
Amardeep
Vatsala Answers:
It appears that you are in the clutches of an unscrupulous developer. You are not required to pay any penalty. You should file a suit for recovery of money with interest either in the consumer court (which will be decided faster) or in the concerned civil court. You are entitled to the recovery of full monies paid with interest. You can also ask for compensation for mental harassment.Vatsala
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