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Author Topic: Deduction from Booking Amount Refund  (Read 731 times)

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Offline jakapa

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Deduction from Booking Amount Refund
« on: December 06, 2014, 10:32:27 AM »
Following is my situation: I paid a booking amount of Rs. 2 lakhs to the builder in full faith that I will go ahead with the purchase of the house in Bangalore. Around 4 weeks after signing the booking form, I was provided with draft of the House buyers agreement. I found this agreement to be very one-sided, protecting mainly the builder's interests and caring little about the buyer's rights. Hence, I asked the builder to modify the clauses that are not acceptable to me, which the builder flatly refused. Following this, I have asked the booking to be cancelled and the booking amount to be refunded to me. The booking policy states that the builder will deduct Rs. 50,000/- on cancellation of booking after 7 days of signing the booking form.
My question: is the builder justified in deducting 50,000 from the booking amount?
Is it my mistake that I was provided with the buyers agreement after 4 weeks of signing the booking form? Had it been provided to me at the time of booking I would have not booked the house in the first place. Had it been provided to me within the week's time after the booking I would have still cancelled within the 7 days time.
The builder is now refusing the return the entire Rs. 2 lakhs till I agree that he can deduct the Rs. 50,000. Is this justified under the law?

Offline advabdul

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Re: Deduction from Booking Amount Refund
« Reply #1 on: December 07, 2014, 08:09:39 PM »
Send them a legal Notice that will do, if not proceed to Consumer forum.

fact that they did not provide you the agreement at the time of book itself is illegal.

and the fact that you did not question it is your foolishness, but thats is no defense for them, in future read the agreement than make payments its a good lesson for you.

as far as your case is concerned you have a very good case not only will you get back the money you should be compensated for busting a racket.
Advocate Abdul
I am Muslim law Advisor

 

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