• Apartment purchases

I fixed an apartment for 1.3 cr and first paid 5 lakhs and then 20 lakhs just all one week back . Agreement is not made and only acceptance and booking was made without any conditions. Now i found near our booked flat they are removing sewage waste with STB lorry and motor noise was disturbing . i just noticed this discomfort and cancelled the booking and asked to return the money . This project is very huge one and the builder says we are doing everything as per law . Anyhow i cannot stay with this problem so how to get refund . Please advice . This is at BANGALORE.
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

you would be entitled to refund after deduction of 10 per cent of booking amount as cancellation charges 

 

2) issue legal notice to builder to refund your money 

 

3) if he fails to do so file complaint against builder before consumer forum seek refund of your money with interest 

 

4) also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Try to manage with builder that without any issue he returns the earnest. Otherwise have adopt legal route which is time consuming.

With executing agreement to sell, builder cannot take more than 10% amount. Hence, builder itself has violated the RERA rules, so can approach RERA if builder dose not cooperate. Your ground of withdrawal from the project will be concealment by builder about the project site and near vicinity.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Since there is no agreement and no condition you can write to builder informing him cancellation and seeking refund of the amount paid. See since there are no condition and further the Agreement to sale is not signed builder cannot deduct any amount if on your letter builder fails to refund give a legal notice through lawyer and then proceed for RERA complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

A project registered under RERA has to register an agreement to sale if the amount of advance received is more than 10%. So, if you have paid an amount of more than 10% as booking amount, you should get the agreement to sale registered. It is important to create a document (allotment letter/agreement to sale) for the booking.

Now, 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.

Cancellation of booking will purely be governed by the contact between you and the promoter and if the contract stipulates 100% forfeiture of booking money, then you might not have any recourse under RERA.

 

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  .. 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

As there is no agreement now when you have paid the advance only on the basis of your verbal agreement I think we need to discuss the matter with the Builder and try to persuade him to return your advance money otherwise you have to file a case in the Civil Court to get your money back

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If you do not wish to proceed with the purchase you can very well opt out. In your case, you can write a e-mail to the builder asking him for cancellation and refund of the entire advance amounts. If the builder fails to respond, then contact an advocate and initiate a recovery case/consumer complaint against the builder at once.

 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You can pray for cancellation and seek refund from builder. If he is not refunding you can approach rera

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If you are not willing to go ahead with  the  booking  of  the flat  you  may  cancel the same  especially when you found that the noise  pollution  due  to  operation  of  the  sewage  clearance  vehicle  is  continuous  and disturbing  for  ever,  you may cite  the  same  as the  reason for  cancelling  the booking  and  seek full refund  since  there  is  no agreement  entered into between you two yet.

You  can  approach  RERA   if  the  builder  is  not  cooperating  or  appears  to  deduct  any major  amount from  the booking  amount

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You must have signed an application form at the time of flat booking. Please check if there are any hidden terms and conditions mentioned in the backside of the Booking Form.
Usually, Terms and Conditions of the documents will stand.
In case the terms of booking allow for flat cancellation, you should send a legal notice  to the builder. 
Subsequently, if the legal notice does not result in your booking fee being returned to you by the builder, you can move the concerned Consumer Court under deficiency in the Service and unfair trade practice.

 


 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Please get issue a legal notice and then approach Consumer Forum.  Since prospective property cannot be used for human residence as such you are cancelling the same it is a good ground to cancel the same.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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