• Cancellation of apartment

I had booked an apartment in Urban Wood Lucknow in July 2017. Demand by developer till now is Rs 27 lacs out of which I have paid 7 lacs. Basic cost of apartment is Rs. 41 lacs, Total cost Rs 55 lacs. Now i want to cancel the apartment. Developer is asking Rs 7 lacs as cancellation charges. Is this charge is O. K.
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

What are terms of agreement?

Is there a clause that Rs 7 lakhs is payable on cancellation of booking

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

NO developer cannot ask 7 lakh as cancellation chargeif not agreed upon by you,

Did you make any agreement with the buyer??

Also terms and condition for booking??

if no agreement to this effect give builder a legal notice for cancellation and refund of your money in case he fails approach consumer court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For that you must check the following:

1. If the allotment letter says that advance payment will be non-refundable and if you agreed to it then it becomes difficult to claim that amount from the builder;

2. If there is no such clause in any contract, then you don't owe the builder any amount. You can send the buildera legal notice drafted by a lawyer, which will put pressure on the builder;

3. If the builder is still not ready to cancel the booking then you can file a complaint before the consumer forum;

4. If the property is RERA registered then you can lodge a complaint on: http://up-rera.in/complaint

5. If the builder is still not agreeing to your demands, then you can file an FIR against the builder;

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Hello sir , the cancellation charges depends upon the BBA ( builder buyer agreement) that was executed between builder and the allotte .. Kindly share the BBA for detailed guidance over your query..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

2. If there is cancellation of agreement not due to fault of the developer then the builder can deduct a reasonable sum of money on premature termination of agreement.

2. However the teems of the agreement is to referred to determine the quantum of maintenance if the terms are cobscionable.

3. So the demand of developer for 7 lakh has no basis at all.

4. If the builder sticks to its demand of such huge amount, you can consider filing case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Firslty, I advice you find out some fault at builders end if any as then you would have a case of compensation also.

Secondly, but if you think that fault is yours then also go by the terms of the agreement only then decide the cancellation charges at your end.

As builder can’t ask anything on the name of the compensation.

You can consult me also for scrutinising the agreement.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Please see your application for allotment and which will have a clause on cancellation. If builder is not abiding the agreement you have two options to move on:

1. File your complaint in RERA against the builder with reason.

2. You may go to the cousumer forum if you are cancelling the flat booking due to a valid reason and builder is at default.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The charges levied by the builder is exorbitant and unjustified.

You may ask him that under which provisions of law that he is demanding such an exorbitant amount?

You can drag him to the consumer forum if the demand is unjustified and he is not returning the booking amount upon cancellation.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

How can I save my money

If the builder is arrogant and atrocious, then you may take the assistance of an advocate and issue a lgal demand notice by which he may come down for negotiation.,

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

Is there any agreement to sell or builder buyer agreement or something.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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