• Cancellation of flat

RESPECTED SIR,
 I got booked a flat of area 1075 sq ft in Paramount emotions of Paramount Propbuild ltd in 2013.I deposited around Rs.16 lakh from my hard earned money,rest of the amount,I have to deposit on possession.
 Sir,Now I am in need of money.So Iwant to cancel my above mentioned booking.
I visited the office of builder in this regard.There the official dealing said me that an amount equal to 10% will be forfeited,this very clause is mentioned inBBA,also the money will be started refunding after atleast 6 months in instalments and the company will take all original documents back without giving any receiving

Kindly help me by giving guidance in this regard,can I take legal action against the builder.

 thanking You,
 Yours Faithfully
 POONAM GUPTA
M-[deleted],[deleted]
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

What are the clauses in your BBA ?

2) does it mention that in case of cancellation of booking 10 per cent of total sale price would be forfeited . If so then builder can forfeit 10 per cent

3) if you return original documents you need a receipt

4) if builder fails to refund balance amount file complaint against builder before consumer forum and seek refund with interest and litigation costs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Please note that cancellation is not a matter of right and neither of the aprties can cancel the agreement at his fancy or whims.

2. So refer to the agreement to find out the clause on cancellation of agreement.

3. If there is a clause on cancellation then you are bound by its terms.

4. So refer to it to find out as to whether the builder is saying is true or false

5. If the builder does not comply the refund terms as mentioned in the BBA then you can go to the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

It is suggested that under the present circumstances yo may end up making more and more losses that getting your money back , hence it is suggested that if it is possible you should keep this investment.

Or else you may choose to send legal notice to the developer cancelling your booking and refunding full money followed by consumer complaint or recovery suit.

Best of luck.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1) terms of agreement are one sided and arbitrary

2) 10 per cent of sale price as cancellation charges is arbitrary

3) cancel the booking and seek refund

4) if builder refuses to give receipt file complaint before consumer forum and seek refund of money paid by you with interest and litigation costs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Without written acknowledgement of receipt of originals do not go for cancellation.

2. Since the builder is insisting on illegal demands it is a fit case where you can file case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Since the cancellation has been necessitated due to the fact that you require the money, not builder's default, the builder can invoke the cancellation clause with full vigour.

2. If you want the money back immediately, which the builder is not willing to give, then issue a lawyer's notice to him and then go to consumer forum for recovery of money with interest. However, it is unlikely that your case will be decided within 6 months in the consumer forum,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Now I am in need of money.So Iwant to cancel my above mentioned booking.

I visited the office of builder in this regard.There the official dealing said me that an amount equal to 10% will be forfeited,this very clause is mentioned inBBA,also the money will be started refunding after atleast 6 months in instalments and the company will take all original documents back without giving any receiving

First you issue a legal notice intimating that you are cancelling the booking of flat and demand for refund and you may quote that the delay in completion beyond the scheduled date as reason for cancellation of booking.

Let them give any reply, if the reply is not acceptable or is adverse to you then you may plan to contemplate further legal action either through consumer forum or through civil court for recovery.

Before that, the conditions of the sale agreement, if any, should be visited for the clauses of deduction while refunding the booking amount.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

He is saying, with cancellation application all origonal documents and receipts is to be deposited and he will not give receiving for that.I want that documents should be submitted to the builder after proper receiving from his side.What I should do for this,can I submit a case in consumer court without giving cancellation application,demanding receiving of the cancellation application and documents.

Sir, in how much time can I get my remaining amount back and what will be expense for that.

You have to first issue a legal notice intimating your decision to cancel the booking of flat and after that you can pursue the legal action through consumer court.

You need not return the original documents immediately, you can do so while receiving the payment.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer