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Author Topic: Is Flat Booking Agreement Legal on 500/- Rs stamp Paper Noterised  (Read 863 times)

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Offline Ganesh23

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Is Flat Booking Agreement Legal on 500/- Rs stamp Paper Noterised
« on: September 29, 2015, 06:40:01 AM »
A builder launch a scheme says that 20% during the booking and rest is EMI to Builder Directly.. He called it 0% loan.

We saw the Documents some of them not completed in the year 2012 and did agreement which is on 500/- Stamp paper which he called Booking Agreement.
Following points he mentioned in Agreement.
1: He is responsible to make sure all papers are ready.
2: Stamp duty registration will be done after 80% amount completed.
3: 35% deduction for cancellation.
4: No Date committed in agreement for Flat possession.
5: He has authority for cancellation if payment not done.
6: and other some of points which are there.

I have paid around 40% amount of property and found that Constructions has stopped from 1.5 year and no progress. He did not given possession to anyone, where 400+  people booked property there.

When I asked for possession date he said did not answered and so many times verbal false commitments. After enquiry we found he was taking bookings even he has no NA(Non-Agriculture) papers,EC clearance, PMRDA certificate and Construction was stopped due to some cause, when we complaint to him he said the agreement we did it is understanding agreement.

No When I asked my money back there will be 35% Deduction, What I should do, Going with this deal no commitments from his about possession and cancellation this deal I do not want to deduct 35% where property cost is now increased by 20% and he can sell property to anybody with higher amount.

Can I ask for full refund, where as I have all bank statements paid by cheque.

Please suggest..

Offline adv.amarnath

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Re: Is Flat Booking Agreement Legal on 500/- Rs stamp Paper Noterised
« Reply #1 on: September 29, 2015, 07:15:17 AM »
You have to send a legal notice and then you have to file a consumer case against him either to get your flat or to refund with compensation from him. Agreement will be cogent evidence for you. If you need any further advice in details regarding procedure and drafting of legal notice you can call me for same.

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