Flat Booking

I applied for a Flat in Parsvnath new project in Sonipat. I have been contacted by a Sales Executive of Parsvnath for launch of new project. I met him and filled a form for booking with payment of %5 by cheque. I told him that you first check my Loan Eligibility with bank and if I am eligible for 85% of loan than only you book my flat.

He confirm me that he has checked with bank and as per your income you are eligible for 85% of amount loan but when I checked with the bank they are giving me 60% loan amount only. This sales executive has booked the flat and my 5% amount has credited in Parsvnath's account.

Now, I inform this executive that my application for 85% of Amount has been rejected by the bank & I am not in a position to give this amount so please cancel this booking and refund my amount. He told me that as per the company policy they can't refund this amount and this will be lapsed. I don't know what to do with this company to refund my amount back. Should I go to Consumer Court. please advise.