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 ..