Olympia Builder – Delay in Refund of Token money

here were various advertisements by the builder for its new project Olympia to construted at Mulund (West) Mumbai. I came to know about the project through such advertisements and visited builder’s office 9th March 2014 to enquire about the project. After looking at the plan I enquired about Flat No. 301 of Olympia-B. During the discussion builder’s executive Mr. Rahul Chirayil informed me about the payment schedule and told me that the 20% of entire amount to be paid in 30 days. Since I did not have that much amount at that time I told him that I can go for booking only if they were ready to provide me time till December 2014 and I also told them that I would make payment of 4 Lakhs by April 2014 and rest of of 20% by December 2014. Rahul Chirayil went to consult his senior and after consulting him he came back and told me that the management had agreed to the terms and that I could go ahead with the booking. Rahul also agreed that he will record the terms after the booking and will send the same to in writing for the purposes of any finance facility that I would have to take. At the time of booking I also asked him what if due to some unavoidable circumstances I have to cancel the booking, he replied saying that after deduction of some two percent your rest of the amount will be refunded. On these terms I made the payment of token amount by A/C payee Cheque No. 862570 drawn on ICICI Bank. The builder encashed the cheque within 4 days and started demanding rest of the 20% amount to which I told them the conversation that I had with Rahul. They replied saying nothing doing, I will have to make the payment of rest of the amount within 30 days else my booking would be cancelled. I called up Rahul and informed about the call who told me that he would inform the terms to account department who will not follow up with me and will call me during December 2014. I asked him about the written terms and conditions to which he said would be sent ASAP. However to my surprise I did not get the same till date. After following up with for quite some time, I said that if he is unable to provided the written terms he should cancel my booking by refunding the token amount that I have paid. He agreed and said that he has processed the cancellation and I would received my refund cheque within one-two weeks. After two weeks again I followed up with him he said his directors are out of India and the cheque is ready and waiting for their signature. When I followed again after 15 days he was not receiving my call. I forwarded a complaint to their Customer Care recording all this but I did not get any response. I sent an SMS to Rahul stating that I would file a complaint agaisnt him for cheating if did not respond to my call. Then Rahul sent me SMS stating that I have to meet his senior Mr. Siddharth Thakur at their head office. I visite that place and met Mr. Siddharth Thakur who informed me that the booking of the said flat is cancelled and referred to some cost shee

My hard earned money to the tune of Rs. 1,08,000/- is being illegally withheld by the builder. I would have earned some interest on the said amount. I have suffered a lot of mental stress due to such unacceptable behaviour by the builder particularly after not receiving any feed back from their Customer Care.

Email Id: anil.shukla.1278@gmail.

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