• Regarding cancellation of a flat

Sir i buyed a flat on june 2016 on affordable housing scheme .total amount of flat is 19.5 lakhs.where as i payed 15lakhs by home loan till now.due to some probs i cant able to pay the rest amount on time .builder is now saying ur flat is cancelled .what should i do and how much amount i get .
Asked 5 months ago in Property Law from Faridabad, Haryana
Religion: Hindu

Hello,

At the time of booking you must have entered into an agreement where it should be clearly written that how much money would be deducted from the money in case of refund.

Regards

Swarupananda Neogi
Advocate, Kolkata
1113 Answers
2 Consultations

4.8 on 5.0

cancellation of  booking due to your own problems or its your own decision, you will refund of the money paid as per policy laid down by the builder. Usually, all these terms and conditions are spelled the booking form customer and representative of builder sign together.

Mohammed Mujeeb
Advocate, Hyderabad
11557 Answers
4 Consultations

4.5 on 5.0

See in case builder cancelled the flat after paying 15 lakh you can recover the complete amount from the builder, in case there was delay builder could have levied interest and could have given you notice. File a consumer complaint to recover the amount from the builder. 

Shubham Jhajharia
Advocate, Ahmedabad
20732 Answers
80 Consultations

5.0 on 5.0

File for recovery of the complete amount from the builder alleging that builder without notifying cancelled the flat.

Shubham Jhajharia
Advocate, Ahmedabad
20732 Answers
80 Consultations

5.0 on 5.0

You have buyer agreement. Go through through the terms and conditions of the agreement. If need be consult lawyer, there must be negligence on the part of builder. Without going through the Agreement and complete facts, proper opinion cannot be framed.

 

Dalip Singh
Advocate, New Delhi
513 Answers
10 Consultations

4.9 on 5.0

You need to pay or get it cancelled.  You will get the refund from builder. Approach rera or consumer court for redressal

Prashant Nayak
Advocate, Mumbai
14333 Answers
24 Consultations

4.6 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

 

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

 

3) builder cannot arbitrarily cancel allotment of your flat 

Ajay Sethi
Advocate, Mumbai
68806 Answers
4142 Consultations

5.0 on 5.0

You are entitled to refund of your money after deducting cancellation charges 

 

if builder  fails to refund file complaint as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
68806 Answers
4142 Consultations

5.0 on 5.0

1. For delay o payment if the same is not for long then seller can not cancel the agreement.

2. SO if you wish to proceed with the sale then oppose such notice .

3. Then file a case before the consumer forum so the builder is directed not to cancel your agreement . However in such case you will have to give a time limit to make the remaining payment.

4. In the alternative in the same case you can seek full refund along with interest , damages and compensation.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

He can not cancel your house . Because he can file a suit for remaining payments. You can give legal notice housing loan officer regarding to pay the remaining payments if he deny then you can file the suit in the concern court where house is situated.

Somvir Siwach
Advocate, Rohtak
5 Answers

Not rated

Builder can claim interest on delayed payment but cannot cancel.  Full refund with interest for cancellation by builder. Complain to RERA. And don`t show your inability to pay EMI.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

If you are defaulted in payment then the builder may take action as per the sale agreement.

In case of cancellation of booking the builder has to repay the entire amount, however since it is your fault for this cancellation, the builder may mention that as reason and may deduct any amount towards standard deduction as per agreement conditions.

You may ask the builder to refund the entire amount if he is cancelling the booking with interest, let him give a reply after which you may plan to initiate legal action accordingly.

T Kalaiselvan
Advocate, Vellore
58624 Answers
743 Consultations

5.0 on 5.0

No doubt you have not cancelled the booking but as per the conditions of the sale agreement the builder may proceed with the cancellation invoking the cancellation clause.

You may first confirm that if the booking is cancelled or not, if cancelled then you may ask him to refund the entire amount with interest or you can drag him to consumer forum for relief.

T Kalaiselvan
Advocate, Vellore
58624 Answers
743 Consultations

5.0 on 5.0

The builder is lying. He will eat up all the money you have given him and then give you the amount in instalments. File a case in the rera tribunal or the state consumer redressal forum.

Regards 

Rahul Mishra
Advocate, Lucknow
4961 Answers
11 Consultations

5.0 on 5.0

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