• Cancellation of sale agreement of flat

Sir,

     I have decided to purchase flat in Bangalore and paid 20% advance and subsequently i paid 20 lakhs by dhfl loan.. after that i came to know that there is deviation of more than 75% in bbmp approval plan... now i want to cancel the deal... pls advise if i cancel can i get back the money i paid.....
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) Have you signed any agreement with builder?

2) what are the cluses in your agreement regarding cancellation of booking of flat ?

3) was building sanctioned plan furnished to you ? 

4) if there is deviation in sanctioned plan you can write to builder to carry on construction as per sanctioned plans 

5) file RTI application and seek copy of sanctioned plans 

6) you can cancel your agreement and seek refund as per your agreement 
Ajay Sethi
Advocate, Mumbai
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without seeing the sale agreement it is difficult to say whether you can cancel the deed or not. Show the sale agreement to a nearest lawyer to know on this issue.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
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Hello,
1) Assuming you have signed the Agreement to Sell before the amounts were paid as 20%advance and the amount raised as loan, you have every right to get the service you are paying for and this would entail abiding by BBMP Approved plan.

2) You can issue a legal notice to the builder demanding the return of the amount paid along with interest and the pre closure charges the DHFL would levy on you.

3) Your options would be approaching the Consumer Dispute Redressal Forum and or initiate a civil suit for recovery against the builder.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. Was the deviation not noticeable before the agreement was made?

2. Cancellation of the booking is permissible only within the four corners of the agreement to sell the flat.

2. You may issue a lawyer;s notice to the builder or owner, as the case may be, to cancel the deal.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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You have to issue notice to the builder/vendor you intention to cancel the sale agreement for the obvious reasons quoted therein and demand the refund of advance amount, this may be a lawyer's notice or a notice by yourself, after which if the builder/vendor refuses or disputes your claim, based on the evidence in your possession to prove the irregularity, you may approach the consumer forum for deficiency of service as well as for refund and compensation too alternately you can file money recover suit in civil court 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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