Legal Question in Consumer Law in India

Flat Sale

I recently booked a flat by paying the builder a booking amount of Rs50,000/- for rate of 2500/sq ft.

However now the rates have fallen by Rs 200/- and builder is charging Rs 2300/sq ft. for the new customers.

Under this scenario, should the builder charge same amount to me(Rs 2300/- instead of 2500) or if I cancel the booking, as per consumer law is the builder liable to refund my booking amt?


Asked on 8/12/08, 7:39 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Flat Sale

Contact a local lawyer and file a consumer case against him.

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Answered on 8/13/08, 8:44 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Flat Sale

You can initiate a consumer case against him. It would be advisable to engage an advocate because finer points of law may be involved. After all, you have entered into a contract with him, which you cannot breach. He will produce reasons why the contract with new customers is of a different type.

M C Gupta

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Answered on 8/12/08, 7:57 am
Siddhartha Bhattacharyya

Re: Flat Sale

If the agreement for sale/purchase is silent about variation in the price depending on the market value, you will have to pay the agreed amount of money for completion of purchase subject to other terms and conditions of the agreement.

Further if there is provision in the agreement concerning refund of money in the event of cancellation of purchase, that provision will prevail, otherwise in absence of any povision in the agreement concerning refund, customary procedure will be followed.

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Answered on 8/12/08, 12:53 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Flat Sale

depends on terms and conditions of the agreement.

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Answered on 8/17/08, 9:21 am


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