• Refund claim due to non capability of Builder to perform

I booked a flat (value 31lacs) in Amrapali Verona Heights, Noida extension (Gr. Noida West) in Sept 2012 (BBA signed on Nov 2012) under CLP scheme. After booking, no work was started till almost Feb 2014 when foundation work started.

The casting of lower basement roof demand requested & simultaneously paid on Nov 2014 (this was the 1st demand on basis of Construction so helpful to assume a date of start of construction which should be approx jan-feb 2014).

Although Builder never provided any date of start of construction of my tower.

Also, no clarity about 0 (zero) period for construction due to farmers agitation & then NGT restriction is made available to us by the builder.

Till now 47% of total sale price already paid to builder.

Next installment of 2.3lacs on casting of second podium roof was requested in Jan 2015 (within couples of months from last installment request) but after visiting the site I realised that the construction work is almost stopped in whole project. So fearing loss of hard earned money I stopped the payment.

Now it is evident that from last 2 years there is no construction at my tower (or as a matter of fact in whole project) & addition to this, the financial condition of Builder is not sound & I dont want to take risk of paying anything further.

Later in March 2016, I approached 1 Bank to finance my installments but after collecting all documents & completing application processing, bank advises against it due to news related to famous celebrity withdrawal of being a brand ambassador of Builder.

Now, as of today (Jan 2017) there is no construction started. Hence, I want complete refund as its a breach of trust & agreement from the part of builder. In addition to it, its Builder's non-capability of able to complete it.

Points as per BBA:

1. If the installment as per schedule is not paid then interest @ 24% p.a  shall be charged.
2. That 10% of total sale price shall be treated as earnest money. And in the event of termination of an agreement by the developer due to non-payment of installment, developer forfeit the earnest money together with interest on delay installment.
3. If a booking is canceled by applicant then 10% of total sale price of a flat will be forfeited with interest on any late payment. This refund will be without any interest.
4. Date of commencement of tower shall be reckoned as date of foundation of tower & builder shall complete the construction within 36 months + 6 months.
5. The completion date is subject to force majeure conditions. No claim shall lie against developer & Developer shall be entitled to a reasonable extension of time for the delivery of flat.
6. In case of delay other than force majeure, the developer shall pay Rs 5/- per sq ft of super area p.m. (that is approx 2% of total cost of flat). 
 
Please advise, 

1. If I am entitled to full refund on cancellation of flat booking?
2. What should be my course of action to make my case legally strong?
3. What are the option available to me?