Complaint Details

Status	:	Closed
Complaint No	:	0053714/2015
Category	:	Real Estate
Date	:	17-10-2015
Subject Line	:	Brokerage Deducted from Refund
Complainant	:	Ashok Kumar Sikka
Address	:	91-R Model Town
Complainee	:	Klazina Consultants Ltd.
Address	:	204 2nd Floor Tower A IRIS Tech Park Sohna Road, Gurgaon – 122 002

Complaint Details
Dear Sir I have booked a plot measuring 178 Sq. Yds. in project Neemrana Gateway on 1st April 2013 . During booking of project builder have assured to deliver the project within 2 years from the date of launch. After passing 2 years nothing is moved on the ground and status of project is as it is. Builder have confirmed to buy back the allotted unit with a 15% p.a appreciation. I have paid 50% payment of Rs. 4,20,375/-. Balance 50% payment to be made at the time of registry of land. Builder have no land in his name for the site. Builder is offering land at other place on higher price which I have refused. I have asked my refund from builder as per buy back letter along with 15% per annum appreciation. Builder is agreed to refund the amount with 15% p.a interest however deducting brokerage of Rs. 89,000/- (178 Sq. yards @ Rs. 500/yard). I have never authorize to pay any brokerage to any agent nor is this clause in written agreement/application form. Further I have never given any consent for payment of any brokerage.
I have given two options to builder which are as under:-
Option 1 - Refund of Rs. 420,375/- along with 15% p.a interest till date as per buy-back letter. There should not be any deduction of brokerage.
Option 2 - Without prejudice of my right to claim interest/damages/brokerage through the appropriate Court of Law I can collect/ accept the refund amount along with interest till today. The same can also be deposited by company in my account for which details already provided to company.
After giving 15 mails on above options I collected cheque of Rs. 456,226/- ( Rs. 420,375/- Principle + Rs. 138,723/- interest - Rs. 13,872/- TDS – Rs. 89,000/- Brokerage) however they have deducted Rs. 89,000/- brokerage. Please help me to get the refund of brokerage which they have deducted from my claim.

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