NRI homebuyer to get Rs 1.26 crore as refund and compensation from Godrej Properties against cancellation of flat booking

economictimes.indiatimes.com:

flat from renowned builders, it's generally expected that they will adhere to the agreed payment schedule. However, a non-resident Indian (NRI) residing in London encountered an unfortunate situation with Godrej Properties. The builder requested 60% payment for the flat almost six months before the initially proposed deadline in December 2017. Unable to meet the new deadline, the NRI's flat booking was cancelled in March 2018 by the builder, who allegedly forfeited the NRI's Rs 97 lakh advance payment. Despite the NRI's plea to not cancel the booking, the builder asked for Rs 3.17 lakh as reinstatement fees and Rs 9 lakh as interest in April 2018.

The NRI did not agree to the above terms and asked the builder to refund Rs 97 lakh he had already paid when the agreement for sale was registered in 2016. However, the builder refused to pay any money and cited legal terms and conditions. It was later proved in MahaRERA courts that after cancelling the NRI's flat booking, the builder resold these flats to another person for 'substantially' more money.

«The Promoter forfeited the amount of Rs 56,66,800/- as per Clause 13(6) of the agreements for sale and did not refund the balance amount,» alleged the NRI in MahaRERA.

After such a big setback, the NRI fought back against the builder and managed to get an order which mandated the builder to refund the entire money paid plus interest without forfeiting a single rupee. The lessons from this case can help you fight your own battle if you are in a similar situation.

Brief