I presume project is registered with RERA

2) there must be cancellation clause in contract .

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

An agreement even not registered is binding upon both parties. So read all the clause carefully if there is any provision for forfeiture of booking amount in case of cancellation of order and other relevant terms and conditions. If you don't have copy of the same then first ask for a copy which they are bound to give. 

If the builder/agency acts in accordance with the terms of the agreement, then you will have no remedy for this. 

As you wish to back out from the agreement, the builder can forfeit your token money 

Ask the builder to show you the stamp duty payment challan paid in your name

If he has already paid the duty and if agreement is being cancelled then he can apply for refund to the collector of stamps 

The costs associated for making application for refund can be met from the token forfeited by builder

The reason of builder that he has already paid registration fee, is wholly incorrect 

Stamp duty can be paid prior to signing of agreement and registration 

However registration fee is paid only on date of registration of agreement 

As your agreement itself is not registered, there is no question of already having paid the registration fee by builder

You can do nothing against the forfeit of your booking amount by builder except requesting him not to forfeit full token money but only a part of it

Going legally for recovering your token money would prove to be more expensive than the quantum of token money itself. So it would be a futile exercise 

See even the agreement is not registered it is binding on the parties and based on same builder can forfeit the amount in case the builder is charging for challan illegally you can ask him to produce same though it would be better to negotiate with the builder and settle and take as much as amount possible.

1) You have read sale brochure of Builder and what terms and conditions are written on that brochure.

2) If builder had not printed and brochure and any "agreement to Sale" deed if you had signed and what are termination clause says that the whole advance deposited amount will be return or 10% of booking amount or Flat amount will be forfeited. Kindly check all details regarding termination clause written in Agreement to sale.

1. "IF" the agreement is NOT Registered, "THEN" it has no legally enforceable value in a court of law. The builder will not be able to enforce such unregistered agreement and "forfeit" any amount, in any way.

2. File a grievance petition in the local Consumer Court, and claim your booking amount with interest and relevant damages and compensations.

Keep Smiling .... Hemant Agarwal

You must have signed an agreement, while booking. If the agreement states the cancellation charges, you have not much options . If you have some bigwig contacts, try to negotiate for a lessor deduction

Yes you can withdraw but is any loss is occured to other party you need to make good the same as per terms of sale agreement if any

1. As per the information mentioned in the present query, makes it clear that the clause in the agreement on which the builder is relying upon is not yet registered.
2. And if the agreement is not registered then there is no question of relying upon the agreement.
3. In fact, you have been saved now up to certain extent, you will have to say a little lie (I don’t know whether you would appreciate it or not) that you have never signed any agremeent and you were told to give / registered the same after you would manage for more fund otherwise they will refund your money.
4. Then you will be able file a suit for recovery of money given to them, otherwise would be difficult for your to take back as clause will help them only not you at any point.

The builder cannot say that the entire booking amount is forfeited.

You can issue a legal demand notice demanding the booking amount after deducting the administrative costs if any.

Failing to respond you may drag the builder to RERA or consumer forum for relief and remedy.

Dear Sir,

Following examples make you clear.

Cancelling an apartment booking?

Saurabh from Bangalore booked an apartment in January 2014 after taking a home loan from a well known bank. However, now he wants to cancel the booking and is ready to bear the necessary monetary loss. He wrote to Magicbricks.com enquiring about his available options while cancelling the booking? 

Buyers like Saurabh, who due to various reasons, are forced to cancel their booked property. However, the path to booking cancellation is unfamiliar to many. 
Sometime issues such as delayed project and exuberant cancellation fees being charged by builders are faced by such buyers. 

Following are some circumstances that buyers can identify and their solutions with while cancelling their booking. 

Asha Nayar Basu, partner, S Jalan & Co, a legal firm in response to Saurabh's query says, "Carefully go through the sale/ allotment agreement on the clause pertaining to cancellation of the booking. It will be as per the agreement. Some ag .. 
There are others who did not sign any agreement or did not have a clause of cancellation of the agreement. Take for instance Dharmesh, who entered into an agreement for an under construction flat. His agreement had no provision for cancellation. In such cases Basu advices, "In case there is no clause for termination or cancellation, you can cancel the same on certain grounds of impossibility to perform the same, which can be made out from the agreement. However, if the agreement is cancelled on  ..