The builder can only deduct the booking amount under tera on cancellation and has to pay the balance amount in 45 days so in your allotment how.much booking amount the whole amount cannot be said as booking amount.
But the builder without agreement cannot take any advance so in your case there is no agreement so builder is liable to refund the complete amount. Complaint to tera authority and demand refund of the amount.
Refer the section 13 under RERA so since there is no agreement no amount can be forfited.
13. (1) A promoter shall not accept a sum more than ten per cent of the cost of the
apartment, plot, or building as the case may be, as an advance payment or an application fee,
from a person without first entering into a written agreement for sale with such person and
register the said agreement for sale, under any law for the time being in force.
(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be
prescribed and shall specify the particulars of development of the project including the
construction of building and apartments, along with specifications and internal development
works and external development works, the dates and the manner by which payments towards
the cost of the apartment, plot or building, as the case may be, are to be made by the allottees
and the date on which the possession of the apartment, plot or building is to be handed over,
the rates of interest payable by the promoter to the allottee and the allottee to the promoter
in case of default, and such other particulars, as may be prescribed.
Further if there project is no.under RERA you can approach the consumer court under deficiency.of services and demand refund of amount along with litigation fee.
First of all issue a legal notice.to refund complete amount in 15 days as there is no.agreement if builder denies or doesnot return amount file a complaint and take legal course.