There are three stages in purchasing an apartment:
(a) Execution of the booking form and the payment of token amount;
(b) Payment of 10% (generally) of he cost price and execution of agreement to sell; and
(c) Payment of the balance amount and the execution of the sale deed.
It seems from your query that you have merely filled the booking form and did not pay the money. Therefore, by cancelling the booking very next day, you have put an end to the transaction. Since, you stopped the payment they must not have issued any receipt evidencing the stage of completion of booking. Therefore, they cannot claim that you have initiated the transaction and are aborting it by denying the payment.Furthermore, the recordings and emails, as stated by you clearly evidence that the cancellation has been accepted by the builder.
Generally, the next stage is payment of at least 10% of the project cost. Under the Real Estate (Regulation and
Development) Act, 2016 (RERA), the builder cannot accept any payment above 10% without executing a written agreement. Therefore, assuming that they seek payment and you pay it, the builder cannot accept such amount. Since, you did not sign the agreement to sell and the same has not been registered. In this paragraph I am assuming that the project is an ongoing project i.e. construction is continuing post the enforcement of RERA.
With the above overview responses to your queries are as under:
1. I have not signed any sale deed or anything other than the booking contract. Can they still sue me for some money? I will upload the booking contract (uploaded here).
Response:Since, you cancelled the booking the next day itself, and did not block the apartment for yourself, there is relatively less likelihood for any case to be filed by you. Assuming such a case is filed, your case stands on a strong footing.
2. "if you have signed the contract and failed to make payment builder can sue you to recover money due under the contract" - I have not signed any allotment, just the booking application. I signed no other sale deed or contract. Can I still be sued?
Response: The builder has accepted the cancellation of the apartment. Further, you have not signed any agreement to sale. Therefore, the builder does not seem to have a strong case against you.
Given the above, it may be difficult to say whether a party may or may not file a suit. However, based on the facts presented by you, if the builder initiates any proceeding your chances are strong.
Please note that I have not reviewed the booking form as the same is not accessible. Only one aspect which needs to be reviewed is the time within which you may cancel the booking. Generally, we have seen that within the stipulated time period, the buyer may cancel the booking with any claim arising from the builder.