Sir Under RERA the builder cannot take any money till the sale agreement is signed so since in case you have not signed any agreement issue a legal notice to the builder ask for complete refund. If he fails to pay file a complaint with the RERA authority. You shall get complete refund,

Further in case the project is not under the RERA then in case you can issue a legal notice for cancellation of booking citing that builder has not infromed the area falls in two states further this is malpractice by builder and you need to cancel the booking and further no registered agreement was made so seek refund if he refuse file a consumer complaint.

Once you have signed the booking form you have agreed to terms and conditions

2) your booking amount would be forfeited in event of cancellation

3) even if you file complaint before consumer forum and seek refund chances of success are bleak

If there is material suppression of facts you can cancel the booking

Inform builder in writing reasons for cancellation

Mention brochure did not mention that amenities would be located in another state

File complaint before consumer forum and seek refund of money paid by you

Sir under the RERA rules it is specific that the builder cannot take any advance amount without any agreement merely on booking form.

Further no advance more then 10 percent of value of property can be taken.

Further even if there is agreement builder cannot forfeit all the Advance amount, even if the booking is cancelled without any reason.

Sir issue a notice and further complaint to RERA authority appointed.

The conditions of the booking form to be valid and binding, it is important that the said booking form is duly acknowledged and signed by both the parties.

As you said that the builder's representative has not signed the said form, in such a scenario, they cannot deduct or repudiate your booking amount.

Approach RERA.

You have a remedy before RERA, I would advise you to get in touch with a lawyer handling consumer disputes.

If you have any further queries, feel free to get in touch.

The new Real Estate Regulation Act (RERA)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.

yes the this property is RERA authority, but the buider is saying the money cannot be refunded.

Answer- If the real estate developer fails to give possession of the apartment or complete the project as per the stipulated agreement, the homebuyer can terminate the agreement and is entitled to refund of the full amount paid with interest in 45 days of such termination.

So, if you want full refund from the builder, you'll have to prove that material facts relating to the property were not disclosed to you before signing of the Builder buyer agreement, else your booking amount would be forfeited.

My advice as per your brief:

1. File a complaint for unfair trade and practise against the builder/developer before the concerned consumer Court.

2. Pray for refund of your booking amount with interest.

3. Place his broushers and advertisement as documentary evidence along with your complaint.

4. Similarly you can also file a complaint in RERA on same grounds. But you can approach either of the forums.

5. Your jurisdiction will be determined according to the value of your total flat/property.

For any clarification please feel free to consult.

Regards

1. file complaint with RERA

2. say that proper disclosures were not made before you paid booking amount

3. lack of true and correct disclosures over-rides the clauses in booking form and hence they are not binding on you

4. if you had the knowledge that the property is in 2 different states, you would not have paid the booking amount in first place

5. the builder made misrepresentation and is enticing buyers

6. on these grounds the booking amount should be refunded to you

This is my response to you:

1. The builder is only allowed to take 20% as token money;

2. Also the builder as per RERA can only forfeit certain amount, not the whole amount;

3. Therefore file a complaint before RERA;

4. Engage services of a lawyer or file a complaint in-person;

5. The builder will have to refund you certain amount and he can forfeit certain amount.

hello,

if you signed a booking form and to book a flat, a booking form is signed and nothing else, then you have booked a flat because if you hadn't canceled the flat, you would have considered it booked after signing the booking form. if the form was in the shape of an agreement then you should file an application with the RERA. the agreement has to be seen in totality to fully understand the import of the agreement.

regards

Dear Sir,

Such illogical and unilateral terms not always binding on the other party that is you. You get issue a Legal Notice, if did not budge then seek legal remedy. Definitely you will get the amount. You have many plus points, it has not matured into even an agreement, the builder has no rights, he is holding your amount in fiduciary capacity. Further you have a valid ground to cancel the booking. The law is as follows.

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Sale Agreement – Flat/Apartment– ESSENTIAL CLAUSES

Property Sale Agreement is most important document. It is different from Sale Deed though in some cases Sale Agreement is registered as Sale Deed. Sale agreement contain agreed upon Terms & Conditions between Seller & Buyer for the sale of property. It is legally binding on both the parties. It also specifies the date by which the transaction will be completed. In laymen terms, Sale agreement is a road map how the property transaction will be completed. On the other hand Sale deed is executed at the time of actual transfer of property i.e. transfer of ownership from seller to buyer.

In any property transaction, maximum risk is carried by the borrower. Even experts will agree that all property transactions carry certain degree of risk. From buyers perspective, It is very critical to safeguard your interests before signing below the dotted line. I am listing down 5 most critical clause, which should be incorporated in Property Sale Agreement to safeguard the Buyer’s Interest.

Indemnity Clause in Sale Agreement

Due to sudden rise in property/land prices specially in metro cities, lot of properties are under legal litigation. These legal cases go on for decades. Some of the most common reasons for legal disputes are

(a) Property was transferred under force/influence/coercion

(b) Legal heirs of Seller claim their right on property.

Almost 40% properties in bangalore are under legal dispute. The indemnity clause in Sale Agreement indemnifies the buyer against any legal dispute / legal defect in the property. Also mention that in case of any legal dispute in future, the seller will compensate the buyer for any loss incurred by the buyer at the then prevailing market rate. This clause should be drafted carefully & should include all possible scenarios.

Penalty Clause

At the time of signing Sale Agreement, Buyer pay X amount as token money. Standard clause is put in agreement that if buyer will back out from the deal then entire token amount will be forfeited by seller. I would suggest to add another line in this clause that in case seller will back out from deal then Seller will return the token amount paid by buyer along with equivalent amount as penalty. If this clause is not put then seller will keep searching for new buyer who can pay extra. He will call off the deal, if he gets new buyer at higher rate before execution of Sale Deed.

Right to Call off the deal

As a buyer you should reserve the right to call off the deal under certain circumstances without being penalized financially. Some of these circumstances are as follows

(a) If Seller fails to provide legal/statuatory property documents required by the Buyer

(b) If the Buyer find out any legal defect in property before execution of sale deed

(c) If Buyer’s home loan is rejected by bank due to some legal/statutory issue in property/property documents

(d) If the seller fail to provide all original documents at the time of execution of sale deed. You may check my post on List of Documents required for Property Purchase

(e) If the seller fail to provide vacant possession of property at the time of execution of sale deed.

Outstanding Dues

It is critical to mention in Sale Agreement that Seller will clear all the dues accrued in respect of the property prior to the date of registration.

Transfer of Deposits / Membership of Owner’s Association

The clause should clearly mention that scope of agreement also include transfer of all deposits paid by seller for Electricity connection, Water connection, to apartment owners association, Club house membership, Gym Membership, contribution towards sinking fund of association etc . In the absence of this clause, the seller might demand extra money at the time of sale deed against all the deposits paid by him.

I have listed down 5 important clause which must be included in sale agreement. These are over and above the standard Sale Agreement clauses. It is always advisable to hire good property lawyer to draft Sale Agreement & Absolute Sale Deed. If you need any specific input from my end on these clauses then you may post your query through following comments section.

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You can communicate your decision to cancel the booking and demand refund of booking amount after deduction of some statutory costs towards administration expenses

Let the builder refuse to refund the same in writing, you can drag him to consumer court bass on the arbitral conditions

He cannot refuse to refund the amount in full.

we want to cancel this booking only coz of its located in 2 differnt states. which was not disclosed to us.

You can cite the same as resewn for cancellation of booking.

yes the this property is RERA authority, but the buider is saying the money cannot be refunded.

Obtain his refusal in writing and drag the builder to RERA too on the basis of RERA's rule that the builder has to refund the entire amount after minimal deduction.

1. It is suicidal to overlook any clause in the sale agreement/booking form. One who overlooks it does it at his own risk.

2. The amount will forfeit to the seller if you cancel the booking. Booking form creates legally enforceable rights and liabilities.