builder can deduct 10 per cent of booking amount as cancellation charges and refund balance amount 

thanks for your appreciation 

Without builder fault if you will withdraw, builder is entitle to forfeit booking amount. Builder can retain 10% of total  amount in case of cancellation by buyer.

The allottee shall have the right to cancel/withdraw his allotment in the project as provided in the Act, provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment.

Find fault on builder.

1. IF you documentarily prove that the Builder is deficient or negligent or that project is not progressing as promised or there are other legal hitches or court cases on the project or objections by the local Municipal corporation etc.... THEN you are entitled to Full refund plus Interest on your booking amount.

the Maharashtra Real Estate Regulatory Authority in its ruling shed some light on the refund of booking amount as in its order the authority directed the developer to give back the amount of Rs 1 lakh which was paid as a booking sum by the home-buyer.

 As per Section 3 of the RERA  “No person shall sell or book the flat, make any purchase in any manner, any plot, apartment or building in any real estate project without registering the project with RERA,”

Even if the Builder-Buyer agreement is not executed and the complainant is not falling under the definition of an allottee, he may still approach RERA Authority to seek for the legal remedy. Although seeking for the recourse as per the act also depends upon the facts and circumstances of the case.

You may first issue a notice to the builder communicating your decision to cancel the booking and sen the communication by registered post or courier service, keep the evidence of dispatching the communication, if the builder fails to comply with the demand made,m you may approach RERA with an application  seeking relief.

You can very well appraoch RERA in case the builder fails to return or refuses to return the same.

Yes you are entitled to get refund according to RERA

Make a written representation of your cancellation under proper acknowledgement.

The Builder will deduct 10% of the amount towards cancellation charges and has to refund the balance to you.

Booking amount is generally considered as non refundable in case booking is cancelled by the party on his own with no fault of the other party.

Go through the terms booking. 

It is a general trade practice. You can not challenge it unless the booking amoumt is exceptionally high. 

As per RERA also any payment made in excess of 10 % needs agreement in writing. 

You can claim refund but chances of getting the refund is very less. 

You can move to court. You have to defend against the normal trade practices. 

There is no wrong in trying it.

Best of luck.

Yes you can seek the cancellation they may refund you by forfeiture of some amount

1. The booking amount of cancelled is bound to be refunded.

2.  However the builder can deduct a reasonable sum towards administrative charges.

3. So, do not worry you would get the money back and if not hen your remedy is fully ensured in the consumer forum where apart from refund you can get enough damages and  compensation as well..

- As per law, if , you are cancelling the booking , then the builder is bound to return the deposited booking amount after deducting 10% charges.

- Further, If you are canceling  the booking , due to any fault of builder, such as, delay in delivery etc , then you have right to  get entire amount along with compensation back from the builder.

Good luck and dont forget to rating Positively.

please check the booking form for the terms and conditions applicable on cancellation of booking

sometimes the builder charges only 10% of booking amount as penalty and in some cases it is charged as 10% of total consideration

RERA will not help much since refund of booking amount upon cancellation by buyer for no fault of builder, comes under the purview of contract between the builder and buyer and thus is out of the purview of RERA which is constituted for breach by builder or buyer of their respective obligations pertaining to sale/purchase of the flat

See in case there no agreement between you and builder and there is no.condition to forfeit the amount you can seek refund , you can issue a legal to the builder for same if he fails to refund the amount.

In case builder  fails to refund the amount you can issue the legal notice also on notice if there is no.refund you can file before RERA for the refund of the amount.

This entirely depends on what is agreed between your builder and the buyer at the time of booking a project. It is important to go through a "Agreement to sell " deed which will help clarify your concern. There will be a termination clause which needs to be abided by both the parties.

The allottee shall have the right to cancel/withdraw his allotment in the project as provided in the Act, provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation, as per the Real Estate (Regulation & Development) Act, 2016.

This means if you leave the contract because of a personal emergency or to invest your money elsewhere, you stand to lose about 10 per cent of the property cost.

As per rules of RERA you are entitled to get the refund of your amount after deducting the cancellation charges at rate of 10% of booking amount. 

Rest depends on the agreement you have signed with builder while booking the flat. 

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  ..