1. To successfully solve your refund issues in your favor, you will need to file a grievance petition before the local consumer court against the Builder, supported with all relevant documentary evidences relating to delay, payments etc.... and claim refund of entire principal amounts alongwith Interest and all the relevant taxes paid.

2. The consumer court would direct the builder to refund all the amounts (including the taxes etc.... ) alongwith interest for the inordinate delay. You are also entitled for damages & compensation for the various physical & mental harassment & losses, caused to you due to builders delay.

You are at liberty to cancel the booking as builder has failed to deliver possession within stipulated period 

2) you are entitled to refund of money paid by you with interest 

3) builder cannot deduct 5 per cent cancellation charges 

Dear Sir,

The Act, which came into force on May 1, stipulates that homebuyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer.

It is mandatory for Promoter (Real Estate Developer) to deposit 70% of amount received from Allottees (Flat-buyer) in the Separate Account.

Similarly, if flat-buyer cancels the booking, refund on such cancellation can be paid from such Separate Account but only to the extent of 70%. Such amount can be withdrawn by treating refund as “Cost incurred for Project”.

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  .. 

You are entitled to get full refund .

File complaint to RERA seeking directions to make full refund with interest .

You have to claim refund of VAT from tax authorities .

Yes, if builder has not given possession on time than you may complaints with  RERA and Consumer Forum for none completion of the projects and you may get refund all money along with interest that also as per sbi home loan interest rates.

But you may not get GST or tax amount which paid to government.

Hello,

File a suit in NCLT if the builder is a real estate company else file a consumer complaint.

Regards

- As per law, 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 possession 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.

1. Yes, Dmand entire amount paid by you.

2. He cannot deduct even a single penny from the amount paid by you, further he is also bound to refund additional 10% of your amount as well. 

- Do the needful as i mentioned above for getting refund of entire amount plus interest. 

Good luck and dont forget to rating Positively.

yes it can be refunded to you after the cancellation and builder can take input credit from the same or can get refund in cash. He can deduct the cancellation amount if mentioned in the agreement of sale if there is no fault of developer in the same

Yes you will get the refund of the taxes. The builder can claim that same from govt 

1. You can seek full refund and for refund on tax competent if the builder has already paid then it would seek refund from the authority.

2. Since the builder was clearly at fault in completion or delivering the flat it can not deduct a single dime from the payments made by you.

1. You have the right to seek refund of all taxes.

2. Builder has no right to apply cancellation charges if the agreement is being cancelled by the buyer due to default of contractual obligations by the builder.

3. Move the Consumer Forum to seek refund of principal amount along with tax and damages.

1.  You can demand the return of the taxes paid along with the refund of the booking amount.

2.You can object and fight agaisnt the builder for this deduction while refunding the booking amount.

You can approach RERA for relief and remedy.

The fault is on the side of the builder hence he cannot deduct the said amount 

You are entitle to absolute refund with interest. Interest rate shall be same which buyer have to bear on late payment. 

Since, cancellation is due to delay in possession, you are entitle to absolute refund with interest. Whats was the date of possession ? 

Complaint to RERA if builder not agree,and can also claim compensation by filling complaint in consumer court.

You can also file a consumer complaint there is a clear cut defeciency on the part of the builder and you can claim your booking amount along with interest and compensation for mental agony. 

Yes you can demand service tax and VAT from Builder as you have not registered the flat due to delayed possession.

Yes builder cannot deduct cancellation charges as it was his fault due to which the possession git delayed

if he doesn't refund complete amount then you can file complaint Before consumer forum against builder.

1. See you cannot get refund of tax part though can claim damages for delay and builder cannot deduct any amount , a consumer complaint for same can be filed by you.

1. As per the information mentioned in the present query, makes it clear that the delay was from their end not yours.
2. So, they can’t take the plea that they would deduct some percent amount because it is mentioned in the agreement.
3. They also need to understand the point that cancellation is always subject to the party in default even in the absence of the same language in the agreement.
4. You should file a case before star consumer forum if the amount is less than 1 crore or if more than that then Consumer National forum, but if the amount is less than 20 lacs then to the district forum.