Legal Question in Consumer Law in India

Sir, on 20/03/2009 I paid a sum of Rs. 51,000.00 (Rs. Fifty One Thousand Only) through cheque as a booking amount of 2 bhk flat at kharghar, navi mumbai, maharashtra. But after one week I came to know i am not getting the required amount of loan , so i have informed the same to the builder on 27/03/09 tellephonically and asked him to cancel the booking. The builder told me that he will return the money after some time. Now the more than 04 months passed the builder is not returning my money. He has stopped listening my phone. He has now strated saying that booking amount is never returned. I have sent 3-4 letters asking him for refund. He has not replied for any one.

I would like to mention that there is no any deed or MOU is signed between us. I have a receipt given by the builder and showing the amount 51,000/ against booking of said flat.

Please tell me wether is there any possibility to get this money back? If yes, then how to go about?

Regards,

Ramesh Singh


Asked on 8/06/09, 3:55 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Usually, the booking amount is non-refundable. However, since you did not sign any application form or a contract, you may claim the amount by sending a registered notice; if you fail to receive the money back within a stipulated period, you may file a complaint with the consumer forum of your area.

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Answered on 8/06/09, 6:33 pm
KAMAL GROVER

The remedy is recovery suit.First you have to engage a local lawyer, he will send legal notice and thereafter as per settled law, your amount without interest will be return to you after decision of the case and may be you get the interest also.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M: 09814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..

Regards and good luck

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Answered on 8/06/09, 10:09 pm
Nandita Haldipur Haldipur Associates

you can get a legal notice issued and there after file a case

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Answered on 8/07/09, 12:37 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Pl contact a local advocate and issue legal notice.

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Answered on 8/07/09, 7:40 am


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