• Cancellation of booked flat - legal agreement not done

I have booked a flat in Greater  Noida last  year . I have paid 20% of total cost of flat i.e Rs 8,96,000 till now.
Legal Agreement is not done till now. 
Due to financial constraints and  some  other reasons  i am not able to continue with booking and want to cancel booking ,
But builder is threatning  to  cut  15% of  total  cost with reference to  terms and conditions  mentioned in  booking  form.

My questions are:-
1) Can builder  cut  15% of total cost  of flat  as mentioned in terms and conditions of  booking    form .
2) Terms and condtions  of  booking  form are  legally binding  or not.
3) Please advice  legal options  to get  back my whole  money.
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, as per law when you sign the booking form it is bound by you but whether in the booking form is there any clear clause to the cancellation of the flat  that  entitled to the Builder to cut 15% total const then he will cut the amount and you have no options.

2. It is better tried to settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1)what is the total cost of the flat? you have stated that you have paid only 20%of the amount . if total cost of flat is Rs 45 lakhs builder cannot deduct Rs 7 lakhs 

2)  cancel the booking and ask for  refund . 

3) if the builder repays only Rs2   lakhs you should file complaint before the consumer forum against the builder . seek refund of money paid with interest . 

4)had the booking form mentioned 10%of the booking amount would be deducted in case of cancellation of booking it would have been a reasonable figure 
Ajay Sethi
Advocate, Mumbai
46775 Answers
2767 Consultations

5.0 on 5.0

1. You have paid the said booking amount based on the terms mentioned in the form you have filled up while booking the flat,

2. The terms you have agreed to comply with are binding on you in connection with the said deal,

3. As per the terms mentioned in the said boking form which you have signed, the builder is within his right to deduct the stipulated amount of 15%.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

1. Please refer to the terms & conditions in the booking form and see whether the 15% of the total cost to be cut, if a person cancels the booking.
2. The builder cannot unilaterally enforce clauses beneficial to him only.
3. Under normal terms, the terms and conditions mentioned in the booking will be legally binding.  But in your case, the builder is too greedy and insisting on 15% of the total cost.
4. Send a legal notice to the builder to refund your money with a nominal percentage of cut in your advance amount at once.
5. File a recovery suit in the appropriate court.
Shashidhar S. Sastry
Advocate, Bangalore
1653 Answers
109 Consultations

5.0 on 5.0

1. If the booking form provides for forfeiture of 15% of the advance amount paid by you then he is at liberty to execute this clause.

2. The terms and conditions are absolutely binding and legally enforceable.

3. You can issue a lawyer's notice to get back the booking amount minus the amount equivalent to 15% of it. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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