Complaint Details

Status	:	Closed
Complaint No	:	0005138/2013
Category	:	Real Estate
Date	:	21-06-2013
Subject Line	:	NON REFUND OF BOOKING ADVANCE
Complainant	:	A PUGAZHENDHI
Address	:	FB 397, HAL CENTRAL TOWNSHIP, MARATHAHALLI
Complainee	:	SUAVITY AMUULYA
Address	:	Suavity Projects 727, 1st Floor, 7th Cross, 10th Main, BTM, 2nd Stage, Bangalore – 560076 India.

Complaint Details
SIR,

I HAVE APPROACHED THIS BUILDER FOR PURCHASE OF FLAT AT A COST OF RS 23,99,735/- IN MAY 2012 WITH A CONDITION THAT FLAT IS READY TO OCCUPY IN AUGUST 2012.

THE BUILDER TOLD TO PAY 20% OF THE TOTAL COST AMOUNTING TO RS 4,79,947/- AS INITIAL ADVANCE AND REMAINING WILL BE ARRANGED THROUGH BANK LOAN.

I HAVE PAID RS 50000/- AS BOOKING ADVANCE AND BOOKED A FLAT ON FIRST FLOOR. SINCE I HAVE GOT TRANSFERRED FROM NASIK TO BANGALORE RECENTLY MY PF ACCOUNT WAS NOT TRANSFERRED, THEREFORE I TOLD THE BUILDER TO GIVE ME SOMETIME FOR PAYMENT OF ADVANCE.

MEANWHILE THERE WERE MANY E MAILS EXCHANGED REGARDING PAYMENT OF REMAINING AMOUNT. SIR MY PF ACCOUNT GOT TRANSFERRED ONLY IN NOV 2012 AND MY MARRIAGE WAS HELD ON NOV 23 2012 WHICH I EXPLAINED HIM AND SOUGHT FURTHER EXTENSION FOR PAYMENT FOR WHICH HE AGREED.

IN DEC 2012 I HAVE MET WITH AN ACCIDENT WITH MINOR INJURIES BUT MY CAR HAS HEAVILY DAMAGEDAND REPAIR WORK COSTED ME AROUND ONE LAKH RUPEES.

DUE TO MY MARRIAGE RELATED EXPENSES AND ACCIDENT EXPENSES I WAS UNABLE TO PAY THE REMAINING AMOUNT WHICH I HAVE EXPRESSED TO THE BUILDER CLEARLY FOR WHICH HE HAS AGREED.

TILL NOW THE PROJECT IS NOT COMPLETED AS PROMISED EARLIER. BUT AFTER SOME DAYS HE HAS SENT ME A EMAIL STATING YOUR BOOKING IS CANCELLED AND FLAT IS SOLD TO SOMEONE ELSE AND ONLY RS 25000/- WILL BE REFUNDED. AFTER SO MANY TIME ARGUMENTS HE HAS SENT RS 40000/- ONLY TO MY ACCOUNT. WITHOUT MY CONSENT HE HAS CANCELLED MY BOOKING AND SOLD THE FLAT TO SOMEONE. I AGREE THAT I HAVE DELAYED PAYMENT BUT THE PROJECT IS ALSO NOT COMPLETED AND I HAVE DULY EXPRESSED MY DELAY IN PAYMENT TO THEM AND AS ON DATE ALSO AS PROMISED EARLIER TO BE COMPLETED IN AUGUST 2012. IF REQUIRED I WILL FORWARD THE EMAIL EXCHANGES BETWEEN US ALSO TO YOU.

THIS IS THE REPLY THAT THE BUILDER GAVE TO MY LAST EMAIL DT 28.01.13.

"Its not that you need to call for cancellation, we have already sold the flat. Already we have incurred loss for holding the flat (of Rs. 23,99,735/- sold to you) for 7 months. If you cannot arrange the funds you should have been told initially, who will understand our situation. Even if you calculate 0.1% also just think what is the amount for 7 months. Kindly give the A/c number we deposit the money, full amount cannot be refunded we try to make it 10k. No further discussions with regard to the same. Waiting for your reply ASAP."

ONE LAST POINT TO ADD: I HAVE APPROACHED SBI IN BETWEEN FOR HOUSE LOAN WITH THE DOCUMENTS THE BUILDER GAVE ME. BUT SBI HAD REFUSED TO GIVE ME A LOAN STATING IT IS NOT AN APPROVED PROJECT. I DONT KNOW WHAT THEY MEAN BY APPROVED PROJECT. I TOLD THIS TO BUILDER FOR WHICH HE REPLIED ONLY HDFC AND LIC GIVES LOAN FOR THIS PROJECT.

PLEASE TELL ME WHAT TO DO SIR.

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