I have a booked a flat and builder has not done any construction work in last two year. Please suggest : 1. Can i cancel the flat booking ? 2. What documents will be required ? 3. Can i claim for EMIs refund from builder ? kindly assist me find answer of above mentioned questions.
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1) what are the clauses in your agreement as to delivery of possession ?
2) you are at liberty to cancel the booking if builder has failed to carry on construction for period of 2 years
3) if builder fails to refund your money file complaint before consumer forum seek refund with interest , also claim litigation costs
4) you would need copy of your agreement entered into with builder, correspondence exchanged , proof of payments made for filing claim before consumer forum
Can i cancel the flat booking ?
you have right to cancel the booking on the ground of inordinate delay and breach of agreement. if time period has mentioned in the sale agreement for completion of project then you can repudiate the agreement on the ground of breach of the agreement.
you can file a case before the consumer forum, if RERA tribunal has established then you can directly approach before the tribunal.
What documents will be required ?
copy of agreement, proof regarding current status of project (produce some photos of the site) and notice which you have given to the builder for repudiation of agreement.
Sir, you can claim the amount given to builder along with interest up to 24 percent per annum in the consumer court.. You also have Liberty to approach RERA( real estate regulatory authority) for fast disposal of case..if you need legal assistance, we can proceed further with the case..
Hello,
You can first ask the builder to refund the money along with the interest and if he refuses to do the same then you can send the legal notice with this regards to the same and even then if the builder refuses to return the money you can file a case in the Consumer Forum.
Regards
1. yes
2. all the payment receipts, allotment letter and builder-buyer agreement
3. You will generally have to continue with the payment of EMIs.
4. Approach RERA/ Consumer Forum and seek full refund of principal amount lying in deposit with the builder as an interim relief.
1. What is the date of delivery of possession?
2. Depending on the date of possession delivery you should serve a lawyer's notice to the builder and ask him to return the amount with interest, failing which you can sue him in the consumer forum to recover the amount paid with compensation and litigation cost.
Dear Concerned,
1. Yes you can cancel the booking - however please calculate according to the Cancellation Policy - how much money will be refunded to you or to your bank.
2. You would need your builder buyer agreement, payment receipts, and you would need to write an email to builder for cancellation of unit - before pursuing any legal steps.
3. No EMI's can not be claimed from the builder - however you can claim compensation /penalty charges if any mentioned in your Builder Buyer Agreement.
Best of Luck
A. First you should check on whether this project has been registered under the Real Estate Act,2016 before the Real Estate Regulatory Authority? or any registration application submitted before the same? If yes, get the acknowledgement or registration number for the future correspondence.
B. You can issue a legal notice to the builder to by confirming the flat cancellation and claim the entire amount paid by you along with interest.
C. You may approach either Consumer Forum under the deficiency in the service or Civil Court to recovery of money by initiation summary proceedings in the event no response from the builder side.
D. As far as the recovery of money is concerned that you should submit the documents in connection with the payment transfer details, sale agreements and application form. However, you can approach the court even though you don't have all these documents but at least money transaction receipt or proof is required to recovery or your money.
E. You can recover the damages or compensation other than paid consideration amount on mental torture or agony and the EMI interest is concerned that you should establish your case under the liquidated damages.
1. If the builder has not began the construction work or there is no progress in it or if you dont foresee any progress in the near future too, you may decide to cancel the booking and communicate your decision to the builder by a letter sent through registered post with acknowledgment card.
2. The sale agreement and the receipts given by the builder acknowledging the payments received.
3. Yes, you have to claim that also because it is also a payment made to the builder.
