[Resolved]  Lodha Dwellers Pvt Ltd — Not refunding flat cancel token amount 45000/.

Hi Sir, I am Rajkumar Agrawal and i booked flat in Lodha CARA Rio situated at Dombavali on 02/09/2012, and given booking amount 45000/- to lodha developer. But after some days i found i was unable to arranged remaining amount. So that i said to Lodha i want to cancel flat so please refund my booking amount. But they said as per the company policy booking amount will not be refund and booking amount paid by the applicant shall stand forfeited. So please it is my humble request to help me to refund my amount from lodha. As per consumer court forum verdict came in Feb-2014, Consumer Forum asks Lodha group to refund 90% of booking amount, but lodha is refuse to refund amount. Check below consumer court decision. Consumer Forum asks Lodha group to refund 90% of booking amount Lodha group has been directed by the Thane consumer forum to refund 90% of token amount with 9% interest to a customer, who wanted to cancel the booking The Thane District Consumer Redressel Forum has asked Lodha group to refund 90% of the amount paid by a customer to book a flat in their project, along with a compensation of Rs25, 000 as legal expenses. In an order issued on 1st February, the Forum, presided by Umesh Jhawalikar and member ND Kadam said, "If the respondent- Lodha Group- fails to refund the 90% of booking amount with an interest at the rate of 9% from 2009 within next three months, it will have to pay an interest at the rate of 9% till the realisation of the amount." The complainant, Kiran Mahajan of Ghodbunder Road at Thane had booked a flat ad-measuring 1, 026 sqft in a Lodha Group project named as 'Casa Ignis' costing Rs31.02 lakh. He paid Rs54, 000 on 24 September 2009 as booking amount. However, due to some reasons, two days later, he decided to cancel the deal and sought a refund of his booking amount. However, the builder refused to refund the money, following which Mahajan approached the consumer forum. In its defence, the Lodha group told the forum that as the complainant had not entered into an agreement with them, he cannot be treated as a consumer. It also said that as per the norms of the company, the advance amount of Rs54, 000 was forfeited on account of withdrawal of the booking of the flat. The builder cited the relevant clause in their agreement format, which says that if the buyer withdraws from the scheme, the entire booking amount would be forfeited. However, dismissing the builder's defence, the forum ordered that the complainant be refunded Rs48, 600 (90% of the booking amount) with 9% interest per annum from August 2009 and also a compensation of Rs25, 000 as legal expenses. Regards, Rajkumar Agrawal agrawal.[protected]@gmail.com [protected]