Yes. You cancel the booking and claim refund along with interest for delay in possession by approaching RERA or Consumer Court.

Hi, If the builder is ready to repay the amount then you can cancel the flat. While cancelling the same you can also claim interest for the amount paid.

Hi,

For this you are suggested to send the notice of cancellation to the builder and ask him all the money paid along with interest from the date of payment and also compensation. Give him 15 days time and if he does not pay, file case in RERA.

What was the time of delivery of possession ? You are entitle to full refund with interest only if builder delayed the project. 

If delivery time passed long back, file FIR (fast recovery). Before that issue notice to builder for refund with interest for delay in delivery in possession.

Complain to RERA and consumer court as well for compensation.

1.  YES. The transaction can be cancelled /revoked, on grounds of delay, by sending a legal notice to that effect to the builder. However you would not be able to take the plea that you are canceling the deal because you need the money, which would go against you.

You can cancel the booking as project is un reasonably delayed 

2) seek refund of your money paid with interest 

3) if builder fails to refund file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest and pay compensation for mental torture undergone by you 

You need to go to consumer court for deficiency in service. Builder may deduct some amount from the total amount for penal charges

See if the flat is not handed over on the promised date you can seek cancellation along interest if builder fail to undertake your request file a complaint before RERA authority. The tribunal shall order accordingly.

Yes you can go for cancellation.

First issue notice to the Builder about the cancellation.

You can claim actual amount  paid, interest thereon and also damages for delay and tensions suffered by you.

If he fails to respond, you can file case before Consumer Forum and also lodge complaint with RERA.

Greetings!

You can approach the developer stating the reason of delay from their end for which you have planned to go for cancellation and ask for the refund of amount as per RERA delay clause please refer section 18 and Rule 16 and 17 of RERA based on which the developer/ promoter cannot deny on the said terms. Refund it may take 60 days time pls refer section and rules as mentioned above!!

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  .. 

Cancellation possible on certain grounds of impossibility: If you did not sign any sale agreement or allotment agreement with the builder at the time of getting your allotment, there is still room for cancellation. Even in case there is no clause for termination or cancellation or you did not enter into any agreement with the builder, you are well within your right to cancel the sale on certain grounds of impossibility depending on the basic agreement between you and the builder.

In such a scenario, your grievance for cancellation should be a legitimate one, or else you may also face some legal implications of cancelling without any basis. Make sure to keep a copy of application form, allotment leer as well as the receipt for payments made to the builder to facilitate the cancellation process.

Seek legal help: Cancelling an apartment booking involves a number of legal formalities and it is better to get the help of a lawyer socializing in real estate deals. Even in case you may have everything in written from the builder and a genuine reason to opt for a cancellation, it is always a good idea to seek legal help before filling for any cancelation refunds request from the builder.

Getting a lawyer ion board can help you draft the cancellation letter and other communication with the builder without any legal loopholes that the builder may use to his advantage later.

Communicate with the builder in black and white: When opting for a cancellation f any apartment, there is no room for verbal communication or assurances. Irrespective of what the builder may assure you, make sure to get every communication in black and white.

Even if you are sending an email to the builder, it is recommended to get the mail drafted through your legal counsel. Such a communication I admissible in court and is useful in case of any dispute in refunding of the money by the builder.

Explore legal options by approaching a consumer court: If you are not happy with the money that the builder has paid you back on account for cancellation of your apartment, there is a case to approach the consumer protection court. You can take the payment from the builder under protest and file an application with your nearest consumer court seeking full refund from the builder. Make sure to have all documents in place before taking on the builder legally.

Dear sir/ madam 

You can get issue a legal notice and ask for refund along with interest and also compensation for mental torture. Normally they do not respond and if they respond they will seek more and more time . You have to approach consumer forum and file a case for recovery of above amounts. You will get success !!

If the project is being delayed then ask your money back. He is obliged to give your money back. If he refuses then file a complaint in the RERA tribunal.

Regards 

- Yes, you can cancel the agreement for purchasing the said flat , and the builder is bound to refund the entire amount with 10% interest due to delay in possission of the flat.   

- Firstly you should send a demand notice after mentioning that due to delay in possession , you are cancelling the agreement , and thereby ask him to refund the entire amount paid by you with interest. 

- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time , then you should file a compalint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.

- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.

- As per law, the builder is bound to refund the entire amount with interest due his fault.

Good luck and dont forget to rating Positively.

1. Yes you have every right to cancel under the circumstance you have stated and you must claim full refund. 
2. If full refund is denied, you must sue the builder/promoter. 
3. For further advice, avail of phone consultation service of kanoon to speak with me and fix up an appointment with me

Send a legal notice to the developer by claiming your booking money with interest . If the developer would not comply to your notice then you can file a case in District Consumer Forum or State Consumer Commission as the case may be.

Hi, if the builder buyer agreement has a cancellation clause ,then you can cancel the flat ..As per RERA  norms ,upon cancellation the builder has to refund the balance amount..

You can directly approach the builder and request for cancellation of booking through representation.

builder is liable to deliver the possession of a flat within the limit prescribed in the advertisement or in the builders agreement. If the same is not done a complaint can be filed against the builder in the consumer forum which can ensure timely delivery of the flat and also provide compensation to the consumers for the delay in possession. The penal rate of interest differs from case to case and in most cases the courts prefer a compromise to be effected between the parties and the builders are required to give an agreed Compensation value to the consumer

Hello,

Yes, you can ask for refund but I can assure you that they will not going to refund the amount and will harass you untill you file a case.

I would like to suggest you to ask for refund and if they refuse file a case in the NCLT.

Regards

If the project is getting inordinately delayed and you want to cancel the booking you can very well do it by issuing a letter in writing and send the communication by registered post to the builder.

Let him refuse or put any untenable conditions, you  may approach RERA for relief in such a case.

Yes you can cancel the flat by sending a notice for cancellation to builder or developer and demand your money back with interest.

If they refuse to refund money you should approach consumer court or RERA for refund of money along with interest and compensation.

If there is delay in completion of project you can seek for cancellation and repayment if the builder refuses to make payment file a consumer complaint seeking for damages along with payment of entire amount. Also alternatively can file for civil recovery suit. Share the agreement entered between you and builder.

1. Is the project RERA registered? If the project is past its deadline and grace period then you can serve a lawyer's notice for cancellation to the builder and seek refund of the money paid to him with interest and cost of litigation.

2. You will have to sue the  builder in consumer forum if builder does not refund the amount.