Firstly, when there is something which has been mentioned in the agreement which you have signed without any coercion or fraud or force then it holds some credibility.

Secondly, though it has been mentioned in the RERA act that it should only deduct ten percent of the booking amount, but it should not be interpretated in the sense that it suprecede the agreement.

Thirdly, as if it is then there will be no use of making and putting certain conditions in the agreement.

Fourthly, the RERA Act talk about the situation when there is not agreement and payments have been made to the party.

A homebuyer may withdraw from a purchase agreement for varied reasons.

The new Real Estate Regulation Act (RERA) enables homebuyers to exit real estate deals smoothly. The Act stipulates that homebuyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is also bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

P. S. it nowhere talks about deducting only 10 percent of the booking amount.

hello,

any contract which is against the law is void. the contract cannot go against the clauses in the act. therefore, the builder cannot go ahead and forfeit an amount which is greater than the stipulated percentage in the act. you can send a notice stating your intentions and reasons for cancelling the purchase of the flat and in case he doesn't respond or refuses, you can go to the state commision/ RERA tribunal.

regards

Issue a cancellation notice to the builder for cancellation of the flat and ask the builder to refund the balance amount the builder can only deduct 10 percent of the amount.

in case builder refuses to cancel and refund complaint before the designated RERA authority in your jurisdiction after 45 days builder need to pay interest on the amount.

File a complaint in rera. You will get your booking amount. Send a legal notice prior to filing of your Complaint.

1. Inform builder that you wish to withdraw from the project

2. He will forfeit your first deposit as per allotment letter

3. You can challenge that by filing online rera complaint that builder has forfeited an amount which is greater than what is prescribed in the act

4.hopefully you should end up paying as per the act and not as per terms in allotment letter

dont cancel the booking as builder would forfeit 10 per cent of booking amount

2) if you want to cancel inform the builder that you want to cancel booking and seek refund of money paid by you

3) if builder fails to refund then approach consumer forum for necessary reliefs

4) in some cases RERA has declined to admit cases wherein no agreement for sale has been entered into between builder and flat purchaser . better option is to wait till builder / buyer agreement is executed

1. Every agreement to be enforceable to be reasonable and not unconscionable .

2. The term of forfeiture of such a huge amount even though no damage is caused to the builder put of the cancellation is not reasonable and hence not enforceable a well.

3. If if the project the governed by RERA guidelines then then can lodge complaint in RERA Tribunal. Else you can file case before the consumer forum wherein you will get full refund with interest along with compensation.

1) You can make complaints in the RERA office and Consumer Forum of your city.

1. "IF" the Buiders project has not started, despite promises /committment, THEN you are entitled to refund of your money (without any deductions, whatsoever). HOWEVER, IF the project is under-develeopment, THEN you would stand to lose money, when you cancel your booking.

2. File grievance petition before RERA, stating that builder did not start project and that you demand refund of money, since you would like to book flat elsewhere for your immediate needs.

Keep Smiling .... Hemant Agarwal

You are free to claim your refund in light of the stipulations contained under the RERA Act.

The provisions contained in the RERA relating to cancellation of booking and the consequential refund, will prevail upon the agreement you signed with the builder at the time of pre-launch.

Cancel your booking through and seek your refund in light of RERA provisions.

If the builder acts hostile, send him a legal notice and approach RERA if the need arises.

This is my response to you:

1. You are bound by only the agreement signed by you;

2. So pay only the 5 lakhs to him for cancellation and nothing more;

3. If he does demand then send him a legal notice;

4. If he still creates problems then file complaint before RERA.

As per The Real Estate (Regulation and Development) Act, 2016, which came into force on May 1, 2017, The allottee have the right to cancel/withdraw his allotment in the project . Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit 10% of booking amount for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.What are my legal options in this case?. How should i go forward with this issue?

Your understanding is right.

You first communicate your decision to the builder to cancel the booking and demand refund of the booking amount .

Let him give a reply after which you can decide to approach RERA or initiate any other legal steps including approaching consumer forum for relief of refund and compensation for deficiency in service.