• Advance paid

Hi

i have booked flat in lodha property paid 2.09cr but i was not able to complete transaction due to financial issue hence they cancel my flat and refund only 94lacs rest they forfeited kindly advice what is the way forwards
Asked 1 month ago in Property Law from Thane, Maharashtra
Religion: Hindu

Buyer can withdraw booking any time - if not fault of builder, can deduct only 10% of total price. File consumer complaint, complain to RERA, FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Dear Sir,

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
3178 Answers
14 Consultations

5.0 on 5.0

file application before RERA seek orders to direct builder to refund your balance amount after deducting 10 per cent of booking amount as cancellation charges 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

  1. You can be adviced only after going through your agreement. 
  2. So visit me with your agreement. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

hello, 

They can not forfeit exorbitant amount of money and can only take the money towards the administrative charges until and unless they are able to show that they there was a loss that they suffered due to your cancellation. 

File a case before the National Consumer Forum. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

File a complaint to RERA against such abnormal high amount of deduction towards cancellation charges. You will certainly get appropriate reliefs from the authority. This is certainly illegal and unfair trade practices.

File complaint immediately.

 

Kallol Majumdar
Advocate, Kolkata
1397 Answers
2 Consultations

5.0 on 5.0

Check the Agreement and T&C, if the same is against the T&C you issue notice for refund of the balance after deducting the agreed amounts.

If they fail to respond, issue notice and file consumer case and/or you can initiate criminal proceedings also.

 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

If terms for cancellation not mention in agreement then 100 percent refund can be claimed from the developer. In case a developer refuses to repay the booking amount even with a clause present in the agreement, the buyer may file a case with the consumer forum asking for a refund with interest.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

File a complaint before the RERA authority for the Refund of the rest of amount builder cannot deduct such amount. Also kindly share the breakup of the amount deducted by them.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

If you are aggrieved with the quantum of refund, issue a legal notice to Lodha's  in the present matter. 

If your grievance remains unattended despite your legal notice, seek further refund by taking recourse to an appropriate legal remedy.

 

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

3.  You also have a solution by filing a grievance petition in the local consumer court, supported with all relevant supporting documents, for their malpractices & harassment and request for amounts paid along with interest & compensations.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Only booking amount can be legally forfeited if agreement has not executed. You can approach rera or consumer court for refund

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

You should send them a legal notice through advocate for refund of remaining money. 

If they fail to refund money in one month of notice date you should file a recovery suit against seller.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

you can approach RERA seeking strict legal action agaisnt the builder on this and ask for full refund after deductions of some basic amount and not this exorbitant amount that has been deducted which as per you is an illegal act

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

This is my response to you:

1. You can send them a legal notice;

2. Is it RERA registered or not?

3. You can also approach police authorities;

4. You will need to provide further details of the allotment letter and the sale deed etc;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Ask a Lawyer

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