• Can I get full refund from Under construction property which stalled due to legal issues

Dear sir
I have booked one bhk flat in under construction property in October 2108 by paying 15 lacs as booking amount

Registration of the property is not done as builder informed us that due to some legal issues registration process will be delayed
Even after almost one year of booking builder is not confirming when we will go for registration 
Moreover, there is no progress in the construction also ( not even inch since last year)
Builder is not responding to my mail about the legal and construction status of the project and orally they are informing that it may take another 6 months to start the construction ( this happened several times and every time time line was never complies )
In this Situation if cancel the booking will I get my entire amount as refund? Since agreement is not registered I have only costing sheet with payment schedule signed by builder ( which was also signed by me) which stipulates that 10% of agreement value ( 59 lacs ) will be deducted if cancel the booking
Need advise on this
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

See if the property is under litigation and builder fails to deliver on the promise date then you can on ground of delay seek cancellation and refund of complete amount along interest.

You can file RERA complaint if builder fail.to refund on cancellation and fails to deliver in time.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Kindly clarify whether project is registered with RERA?

 

2) registration is mandatory for builder to sell flats 

 

3) check whether building plans ha e been sanctioned and commencement certificate issued 

4) builder can deduct maximum 10 per cent of booking amount in case of cancellation of booking 

 

5) builder cannot deduct 10 per cent of agreement value ie Rs 5.9 lakhs at time of cancellation of booking 

 

6) builder agreement cannot over ride provisions of RERA 

Ajay Sethi
Advocate, Mumbai
100049 Answers
8169 Consultations

  1. Yes you have every legal right to terminate the agreement and claim full refund of whatever you have paid till now with interest; as the agreement was based on misrepresentation of facts and also concealment of facts, which amounts to fraud being played upon you. 
  2. If the builder isn't willing to refund; or is stating of some deductions (such clause may be in the agreement), then you must initiate legal action.
  3. You can either sue him for specific performance of contract; or you can file consumer complaint in consumer Court. 
  4. Of the two options stated in 3), which will be better can be suggested to you only on exhaustive consultation with me. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me. . 
  5. I have handling such matters since more than a decade and am willing to take your case to it's logical conclusion by pleading in court as your counsel (Advocate) and making sure you get appropriate legal remedies for the troubles you have suffered

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Yes if you cancel the booking on ground of delay in construction.

Builder cannot deduct the cancellation charges if he at fault. 

You should make a complaint against builder for refund of money with RERA regulatory authority.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You will have to file a Consumer Complaint against the builder for seeking possession of your flat and also for seeking compensation, damages that you may have suffered due to the delay and stop work on account of the builder. 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

Yes you can apply for refund before consumer court or rera

Prashant Nayak
Advocate, Mumbai
34720 Answers
250 Consultations

This is my response to you:

1. Is it RERA registered?

2. If you have signed the costing sheet and orally accepted the terms then you are bound by it;

3. The cancellation fee can be levied;

4. You can send a legal notice first;

5. You can also take it up as a criminal matter and file a complaint under IPC to police station;

6. Consult a local lawyer, state full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

  1. As per the information mentioned in the present query, makes it clear that though you don’t have the registered agreement but at least have the agreement as I assuming this and would supported by the signed costing sheet.
  2. Yes, you will get your money back with interest in fact, but will have to approach the RERA Tribunal if the project is RERA registered or to the consumer forum.
  3. This will take little time, but you will get your money back.
  4. And the condition of deduction is only applicable if you are willingly cancelling the agreement without any fault at builder end, but here the fault is of the builder.
  5. You should not be worried if the clause of “whose fault” is not mentioned.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer