Cancellation of booking before allotment
I have booked a flat with Omaxe New Chandigarh (pre launch) in the month of April 2017 through an agency. At that time I paid Omaxe a sum of Rs. 100000/- through a cheque . I just filled a single page application form. There were no terms and conditions mentioned in that form. A form of agency mentioning a term that they will charge 1% of base price in case if booking is cancelled was also there which I signed.
Till date there is no allotment or any written document between me and builder. Now I want to cancel my booking due to some personal reasons.
I talked to the agency and they said that the builder has not given any sort of Cancellation policy for that particular project. They may forfeit the entire booking amount or they may charge 5/10% of base price.
RERA also says that if one cancels booking the builder can charge a few percentage of property value. (after allotment or builder buyer agreement),
But in my case there is no allotment or no builder buyer agreement.
Please guide so that I can get the booking amount refunded.
Asked 2 years ago in Property Law from Ludhiana, Punjab