You would need evidence to prove that the broker made several misrepresentations to you, if you want to get the entire refund from RERA as oral promises would not have any value in the eyes of law, in absence of any written agreement.

You will only be covered with the builder buyer agreement signed between you and the builder and the terms and conditions of which, if violated would be a ground for refund and compensation from the builder.

Sir under RERA also builder can forfeit 10 percent of.total value of project if cancellation from.tour side in your situation it would be best if you find another buyer and sell same to him through a tri parte agreement. 

Further if breach of promise or deficiency from builder side file a consumer complaint.for.cancellation.

Sir if there is sale agreement then as per terms of sale agreement builder can forfeit the booking amount and that is permissible under RERA.

1) you can cancel the booking 

2) mention that on account of financial constraints you want to cancel the booking of flat and to refund money paid by you 

3) 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. N

after deduction of 10 percent of booking amount you are enetiled to refund of balance amount 

1) Have you signed sale agreement, if yes then all terms and conditions would have mentioned in it. Try to read cancellation clause.

2) 10% of advance amount will be deducted by builder.

Builder is required to register agreement with you on accepting payment of 10% of sale price

You have already paid 20% and still agreement is not registered

If building is completed (occupation certificate is received) then there wont be any GST payable on the balance sale price

As you intend to withdraw from project without any default by builder, you will have to forfeit 10% of amount paid by you

It cannot be 10% of sale price as full sale price is not even paid

Pls check terms in your allotment letter or booking form for cancellation 

Usually 10% of sum paid, can be deducted by builder, generally 

1. As per the information mentioned in the present query, makes it clear that you have been given false promises for sure, but not all in writing.
2. You may get refund of the amount after the deduction as per RERA rules.
3. Even if the agreement talks about the 10 percent of the property value to be deducted then also it may not have any affect as such condition is itself a violation of the RERA rules.
4. Amd that cannot be supra the RERA even if you have signed for any such condition.

Hi, as per RERA provisions , 10 percent of the booking amount can be forfieted in case of cancellation ,instead of the total sale consideration as mentioned in BBA ... It is first advisable to send him a legal notice for cancellation of flat and refund of money within 15 days , if he fails to comply we can approach RERA 

If you cannot substantiate any deficiency on part of the builder, some amount would be forfeited from the total amount paid by you for such cancellation from your side.

Full amount will not be returned though, 10% deduction is applicable.. 

Incase builder delay in possession then you can claim full amount along with interest. 

1. You definitely have collected the pre-booking brochure or the sale agreement signed by the seller after you have booked the property.

2. The terms of calcellation has been mentioned in the said agreement for sale which tyhe seler has signed.

3. Pick up loopholes in the acts of the seller subsequent to his signing the said agreement and take those loopholes as excuses for cancelling the bookingh and asking for the refund of the entire amount paid by you with interest.

4. If you cancel the booking without any valid cause or without complying with the terms of the agreement also sined by you alongwith the seller, he can claim the amount paid by you as forfieted based on the said terms of the cancellation clause mentioned in the agreement.

5. If the seller refuses to refund you the said amount, you can aproach the RERA Tribunal alleging deficiency in service and unfair business practice seeking refund of the entire amount with interest, damage and cost.

1. The verbal payment term in the ratio of  80:20 is illegal.

2. The verbal misrepresentaion  as clamed by you can not be provved by you for which it should not be much relied upon.

3. Find out the loopholes in his act and the terms mentioned in the agreememnt for sale to pick ground to cancel the booking legally and act as advised in my earlier post. 

First you send a communication in writing, sent by registered post, intimating your decision to cancel the booking and demand the refund of entire booking amount citing the faults of the builder due to which you were pushed to cancel the booking.

Let the builder give a reply denying the refund mentioning the rules or clauses applicable 

You can approach RERA for relief of entire booking with statutory deductions as per law or alternately you may approach consumer forum for relief, remedy and also for compensation for deficiency in service

The new Real Estate Regulation Act (RERA) will enable homebuyers to exit real estate deals smoothly. The Act, which came into force on May 1, 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.

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

As per RERA, if a homebuyer defaults by not paying to the developer on time and such a default persists for an agreed upon the number of months, the developer can terminate the agreement and cancel the allotment made to the buyer.

Under the above circumstances the deductions shall be maximum @ 10% of the booking amount only.