• Cancellation of flat falling NGT ruling at Okhla bird sanctuary

How can i get refund of 15 lacs which i deposited at the time of booking the flat in Sec94, Noida comes under eco-sensitive zone ? Flat cost was 60lac . Due to ngt orders construction is in no good and i have not paid the demands of installment worth 40lacs since then . I want my deposit back . Agreement says builder can cancel the flat if installments not paid . How can i take this case further? how can i rule out builder's penalty clause? possession date was december'2016
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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4 Answers

1) cancel your booking and seek refund as no construction can be carried on the said land

2) if builder refuses to refund file complaint before consumer forum and seek refund with interest

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Querist

the terms and conditions of the builder buyer agreement shall be enforced and all the opinion and advice can be given to you if we know the terms and conditions of the agreement executed between you and the builder.

it will be better to post you queries as per the terms and conditions of the agreement to get best opinion

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear Concerned,

You can cancell the flat b sending a cancellation notice or email developer may want to forefeit your booking amount however as there has been no agreement signed you can claim all your money back through consumer case.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

If you are confirmed about the rejection of further construction of the flats due to NGT orders, then you may issue a letter to the builder demanding him to cancel the booking and return the amount received by him so far with interest since it is not your fault to cancel the booking.

The builder may respond differently or may not comply properly with your demand, hence you may drag him to the consumer forum seeking relief, remedy and compensation for the deficiency in service as well as causing mental strain due to this.

You may discuss with your lawyer in depth and proceed as per his advise on all such further issues.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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