Dear Client,

Without executing agreement to sell, promoter can take only 10% in advance. IF earnest amount is more than 10% than promoter too at fault, hence, full amount refundable. But make sure reason of cancellation shall be paste on builder. For whatever false promotion, you have decided to cancel but not on your volition.

Hi, as per RERA provisions incase if the allotte wants to cancel the flat without the fault of builder then 10percent of the booking amount has to forfeited ..In your case the builder is entitled to refund 13.5 lacs after deducting 10 percent of your booking amount ..It is advisable to issue a him a legal notice for refund of money within 15 days ,on default of which you can approach RERA for refund of your amount ..

Builder can forfeit only 10 per cent of the booking amount 

2) 

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

In case there is terms condition in the allotment letter then in that case builder can foreit the amount upto 10 percent you can contest though and can file a RERA complaint stating there was no agreement.

if you cancel the booking for a registered project, the promoter has to refund the amount collected after deducting any cancellation or forfeiture charges stipulated in the agreement to sale/allotment letter.

1. You will have to go thoroughly with the allotment letter about having any clause of such forfeiture matter/ right vested in the builder.
2. And even is that clause is there then also he can’t this much amount deducted as allotment letter are not subject to such clauses, otherwise you would have gone through it at the time of signing it (this would be your plea, if there is any such clause in allotment latter).
3. You should file a consumer complaint before the District Consumer Forum for the revenue of your amount without deducting the 10 percent.
4. You may also file the same in RERA also if it is functional in your area.

You can send him a legal notice and file a complaint for refund at rera

As there is no agreement has been entered between  you both, you may object to his deduction of 10% of booking amount  and if he refuses to accept your request you may make a complaint against him with RERA.

Real Estate (Regulation and Development) Act, 2016 is going to complete a year and people are still skeptical about the implementation of the provisions of the act. One of the vital point which was not covered under the provisions of RERA was the refund of the booking amount as on the basis of same the home-buyer can’t get the status of an allottee as per Section 2(d) of the RERA Act and for the maintainability of the case a complainant should be an allottee.

Lately, the Maharashtra Real Estate Regulatory Authority in its ruling shed some light on the refund of booking amount as in its order the authority directed the developer to give back the amount of Rs 1 lakh which was paid as a booking sum by the home-buyer.

Yes booking amount can be forfeited by the builder if buyer is withdrawing or canceling the booking from the project with no fault of the builder. Simply you can go to Consumer Court to get some amount back but be ready for no relief.