Hello Sir, We booked an apartment on 1st Dec (booking form says 30th Nov 2019) and as per the terms and conditions, we can cancel it within a time period of 60 days. If cancelled in 30 days, we lose 2lacs, and if we cancel in 60 days we lose 4 lacs. We paid 12Lacs+ during booking and now when we want to cancel, builder says entire amount will be forfeited. We sent cancellation request by email on 30th Jan and they say that is the 61st day hence, you won't get any amount. The builder is brigade group and this property is ready-to-move. Please let us know if we have a case here or are we going to lose the entire amount. Thanks Deepa
i presume project is registered with RERA
2) you can cancel the booking and seek refund
3) builder cannot forfeit Rs 12 lakhs paid by you
3) file complaint against builder before RERA and seek refund of money paid by you
4) under RERA builder can deduct 10 per cent of booking amount only
1. Send a legal notice for recovery of your amount.
2. Complain to RERA.
3. File a case in the Consumer Court.
Buyer can cancel the booking any time subject to deduction of 10% of total amount if no fault of builder. No loss. You can impose cancellation for fault of buyer and demand full amount. Otherwise file FIR.
1. Make a complaint to the local RERA office against the malpractice of builder in calculating dates and seek full refund alongwith interest. It would be worth a try.
No only booking amount will forfeited and rest will be refunded as per rera rules
Dear Sir,
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 ..
See if the signing date was 1 december and the time for cancellation is not complete you can file a.comppaint before RERA authority or alternatively a consumer complaint for refund amount.
It is common for builders to deduct a cancellation charge, usually 10 per cent of the cost of the apartment, before refunding the booking amount. Apart from this charge, any government tax paid by the buyer such as stamp duty, VAT or service tax will also be deducted from the refund, however the builder cannot say that he will forfeit the entire amount and may not refund any amount.
One sided agreement or conditions are not valid.
In a remarkable judgment, the Supreme Court has recently held that one-sided clauses in the Apartment Buyer’s Agreement constitutes unfair trade practice and such terms cannot bind the flat-purchaser.
Case name: Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
The present appeal challenged National Consumer Dispute Redressal Commission’s (National Commission) order, whereby the National Commission directed the Appellant builder to refund the stipulated amount deposited by the Respondent homebuyer along with interest towards compensation.
Yo can drag the builder to the consumer court citing the said judgment of the national commission and the supreme court seeking refund of booking amount after reasonable deduction alternately you can even approach RERA for relief on this on the same lines.
if builder fails to refund your money file complaint against builder before RERA and seek refund of your money . You can also file consumer complain for refund with compensation.
Dear Sir,
The conditions imposed by him which are one sided cannot bind you. There is law to over rule such conditions if you have a valid ground to cancel the booking. The big builders always afraid of litigations due to damage to their reputation. You may take a chance by issuing a legal notice with strong words.
1. No you definitely not going to lose entire amount.
2. You should send a legal notice to builder for refund of amount if they refuse to refund to money file suit with consumer forum.
3. If you don't want to get involved in legal battle then register the flat on your name by paying complete amount and later sale the flat to someone else.
Builder cannot charge Rs.12,00,000/- plus on cancellation of booking just after 2 months as the cancellation clause states that booking can be cancelled within 60 days and the sum of rupees four lakh would be deducted. So, the excessive amount of more than 8,00,000 rupees deducted by the builder due to the delay of one day only (if you are not able to prove that the booking was done on 1st of December) is arbitary, unilateral and can be challenged before the court.
Further, if the said cancellation is due to any fault, breach or deficiency on the part of the builder, you would not have to to pay any cancellation amount to the builder and can also claim interest compensation and litigation expenses from the builder if you are able to prove before the court that the cancellation has been done due to the fault of the builder.
You can start by serving our legal notice to the builder asking him to repay the booking amount after deduction of some just amount within 7 days of receipt of the legal notice. If he fails to do so, file a complaint against him in Consumer Court for deficiency of services and unfair trade practices adopted by him.
