• 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
Religion: Buddhist

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11 Answers

you have signed the agency form which mentions that builder can charge 1 per cent of base price in case booking is cancelled

2) on cancellation of booking builder may refuse to refund your advance payment of Rs 1 lakh

3) if builder refuses issue builder legal notice to refund your money

4)builder cannot collect any money from prospective buyers during pre launch period

5) only if building plans are sanctioned , commencement certificate issued can builder sell flats to purchasers

6) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

The builder certainly in this event cannot forfeit any money at all.

There is close proximity of time between the date of booking and cancellation makes the demand of forfeiture of any money unjustified in law or in fact.

So cancel the booking and ask for full refund.

If it refuses to return the money you can file case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
20711 Answers
294 Consultations

5.0 on 5.0

In case you cancel your booking, Omaxe can't deduct more than 1% of 1 lac.

RERA provision regarding deduction applies to cancellation of an allotted flat. In your case, you've just booked but not been allotted a flat till date.

There's difference between booking and allotment of flat.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

Hi, you can cancel the booking by sending a e-mail and a notice to the builder .. They cannot forfiet the entire amount as per RERA regulations .. If they are not willing to pay Back the amount , file a complaint in the consumer forum

Hemant Chaudhary
Advocate, Gurgaon
4561 Answers
39 Consultations

4.9 on 5.0

Go through the each and every document of the flat in detail as cancellation will always be a subject to the terms and condition.In your case, you can approach the consumer protection court. You can take the payment from the builder under protest and file an application with your nearest consumer court seeking full refund from the builder. Make sure to have all documents in place before taking on the builder legally.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

Issue a legal notice to Omaxe, and if they refuse to give you money then you may file a case against them before the consumer forum or before RERA.

Regards

What prove does that agent has that your money has been paid to Omaxe?

Regards

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

Dear Client,

In case, the allotment is done or construction as per terms, than builder is liable to return received amount with interest under RERA. You can withdrawn . what is this the period of completion of project. ?

And there`s no provision to charge any % amount of base price, its a fake call by builder except interest to be paid on delayed payment by allottee.

By complaining to the Real State Regulatory Authority, you can get refund with interest, if he failed to refund on demand but only if he failed to complete/possession /allotment of property in given time.

Yogendra Singh Rajawat
Advocate, Jaipur
20023 Answers
28 Consultations

4.5 on 5.0

Sir, you can file a petition in civil court against builder because builders have not given any written documents to you of property. So may be it's forgery case so as well as possible you can file a case against builder.

Sukhendra Kumar Pandey
Advocate, Satna
31 Answers

4.5 on 5.0

as you stated herein you have not entered into any agreement with the builder. you only filled an application form for booking of a flat through booking agency. the said form stipulated condition of cancellation. so further condition can not take place.

RERA is applicable subject to allotment or builder buyer agreement but nothing took place.

therefore question of forfeit the entire booking amount or they may charge 5/10% of base price cannot arise at all.

in that event you are entitled to lodge complain to consumer forum as well as RERA authority.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Sir, generally the builder keeps some percentage during the time of cancellation. And in your case you had an agreement with the agency and not with builder. Therefore you should send a notice to the agency regarding cancellation and return of your advanced money after the deduction of 1%. If they don't follow up with you or avoid you for repaying your advance , you can file a FIR and also you file a suit for recovery of money.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

If you intend to cancel the booking on the basis of builder's fault then as per RERA you are eligible for full refund without any deduction.

You may first issue a legal notice communicating your decision to cancel the booking for the reasons that you may rely upon and then you can enforce the full refund as per the ruling of RERA by filing a suit in the court of law against the builder.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

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