Legal Question in Consumer Law in India

I booked a 3BHK flat in Ramprastha Primera at sector 37D Gurgaon in Jan, 2013. At time of booking it was informed by dealer that Rate per Sft are fixed. No receipt of the amount paid was issued. Later on the builder launched the project in June, 2013. It was a surprising to note that dealer misinformed regarding non launch of project at time of booking. Any way the builder was asked to adjust the payments. The builder asked to sign BBA which contained price escalation and many other objectionable clauses which are not acceptable. So I decided to withdraw from project and asked builder to refund the payments. The BBA has not been signed so far. The builder is not refunding the money but making excuses. As to my knowledge the builder can not pre launch the projects. What action I can initiate against the builder for causing fraud with me at two occasions I. E. firstly by accepting payment in pre launch, secondly putting price escalation clause and other objectionable clauses, thirdly not refunding money with interest.

Asked on 1/31/14, 6:40 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Any deviation from the prior agreement/contract/notification is not sustainable in law and constitute breach of contract, unfair trade practice as well as deficiency in service. Hence you claim for refund of deposited amount is legally valid and can be recovered by filing a consumer complaint. You may contact me for more co operation.


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Answered on 1/31/14, 6:58 am

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