Sir,

you may file a case in the RERA against the builder seeking cancellation with refund.

You can cancel it your balance amount except  booking amount will be refunded as per rera rules. 

The current pandemic of covid being faced by all of us and resultant lockdown, may be considered as a valid ground for invoking Force Majeure. Since the contract has been frustrated due to the ongoing situation of pandemic, you may invoke the force majeure clause and seek refund. The builder cannot deduct the entire booking amount. At best, he may adjust a very little amount towards the administrative expenses etc., spent by him over this deal.  

You can seek extension of time for making payment on account of lock down 

2) if you cancel the booking seller would not refund your money 

3)terms of agreement executed are sacrosanct 

4)ask seller to cancel your booking and refund your money as you were unable to make balance payment on account of Force majeure conditions 

5) you will have to sue seller to refund your money 

This transaction should be done as per the provisions made in agreement to sale taken the benefit of lockdown is not available in this case even if you have the total time period so the time period available will be extended based on the lockdown period if agreement provides that in case of cancellation of agreement to sale the booking amount of property will not be returned then this is a possibility otherwise you have the option get the  agreement executed and receive total refund.

Lock down period is prohibitory orders and it is overriding on all other orders.

1. Under the Provisions of RERA laws, IF Agreement is revoked /cancelled unilaterally THEN the booking amount can be forfeited by Builder /Developer.

2. However, IF you have documentary evidences of any adverse evidence /points against Builder, THEN builder is not entitled to deducted anything.

Dear Sir,

 Your contract ruled by the formula/Principle  Force Majeure. So you can get issue a legal notice and get back after cancellation 

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Force Majeure Clauses In Contracts

The advent of civilization in human life gave birth to various forms of interactions amongst the individuals. Numerous aspirations have led to passion for monetary superiority and the art of profit making thereby giving rise to business activities. People carry out their business with one another in the form of sale and purchase which may be either for goods or services. In order to maintain cordial relations amongst themselves and ensuring smooth functioning of their business, parties often enter into contracts which bind them on agreed mutual terms and conditions.

Composition of Contracts

The contracts between the parties comprise of various clauses which regulate their responsibilities and conduct for the situations which they can anticipate. However, there arise circumstances which make the performance of the contract impossible. In case such supervening events arise for any reasons being beyond the control of a party, such party may be exempted from performing its due obligations while the contract stands frustrated.

Frustration of Contract

- There is no guidelines laid down by the government to forfeit the booking amount for the cancellation , and the deduction is done at the builder’s discretion.

- Hence, legally, the builder cannot deduct any money out of the advance payment you have made for the booking till the time , a builder-buyer agreement is made and registered with the sub-registrar.

- Further , A builder-buyer agreement is not created until the buyer pays at least 10 per cent of the property value.

- Further, as per Real Estate Regulation Act (RERA) , home-buyers 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. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Hence, if you have already paid 10 percent of the flat value , and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding  , and if the said agreement is registered , then builder has right to deduct booking amount from the paid amount. 

- If, builder not refunding the same ,then you should lodge your complaint before the Consumer court , and thereby prayed for the refund of paid amount with interest.

Good luck and dont forget to raitng Positively. 

All the terms and conditions in the agreements can be challenged due to lockdown situation by mentioning the Force Majeure instrument.

They will create problem in refunding the booking amount so for that you need to file a money recovery suit after the lockdown is over. 

1. Lockdown is not a ground to seek cancellation of the agreement. You may seek extension of time to pay the balance amount, but if you opt for cancellation the builder will be entitled to debit the cancellation charges according to the agreement.

2. Even if lockdown is considered Force Majeure it merely gives you the right to seek extension of time for balance payment.

1. you can seek an extension for paying the last instalment

2. but citing lockdown is no valid reason to cancel the booking

3. the cancellation will be governed by the terms stated in the booking form or the terms as stated in any agreement signed by you with the builder

Dear Sir,

You are suggested to check your agreement, if any, to confirm whether there is any mention regarding booking amount. If there is mention what is there in that, then what is it? If there is no mention of forfeiture of booking amount, you are suggested to go strongly and ask the booking amount also. The builder/seller can not act arbitrarily.    

Respected sir ....

You have signed an agreement with them  and in such kind of circumstances terms and conditions were used to mention that iwhat might be the circumstances if one step back from the agreement ... without looking at the terms and conditions  can not tell the loop hole of that agreement as what might be our defence and how we can save our money ...for that you have to provide papers Of agreement ...

Thank you

1.  In spite of the terms of the agreement the buyer can always the cancel the agreement.

2. If there is terms of forfeiting any particular sum on cancellation of agreement it can be deducted. Otherwise the seller is bound to give full refund. 

During lockdown contract obligation  remain valid and can be rescheduled to the best possible time frame. 

If the performance of obligation becomes impossible or losses it's purposes due to such lockdown then only by applying force majeure clasuse such obligations can be legally made inoperative. 

So neither you nor the builder can deviate from contract obligation except deferment and rescheduling of performance schedules.

You must proof that purposes of purchasing the house has been lost in all sence due to delay caused by the lockdown to invoke force majeure Clause to cancel the sale agreement . Otherwise contract shall remain in force with reasonable variations.

Oral agreemnt is valid. Without seller fault, if you will cancel the deal, advance will forfeit.

If you have signed the booking form than no refund.

If project registered with RERA than without executing agreement to sale, builder cannot accept more than 10% of totla amount. 

Builder also violated RERa rules, this can be ground to cancel deal. Impute some more ground for cancellation of sale for full recovery.

you can cancel the booking and the builder is liable to refund the amount after deducting the cancellation charges,

If it has been stated then they can deduct a small amount as processing fee etc.but they cannot keep the whole amount ie 11lakhs.

You can file a case in the RERA TRIBUNAL after the lockdown.

The condition printed in booking form is one sided and cannot be enforced in law. 

If you want to cancel the booking then you can communicate your decision by registered post or courier service and have  a copy of the communication sent to him as evidence.

If he is refusing to return the booking amount then you can drag him to consumer forum for relief and remedy. 

In a recent case of Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan 2019 and Pioneer Urban Land & Infrastructure Ltd. Vs. Geetu Gidwani Verma & Anr., the Supreme Court has passed a Common Judgment dated 02.04.2019 and held that a builder cannot seek to bind a buyer with one-sided and unfair contractual terms of an Apartment Buyer’s Agreement (‘Agreement’).

In the said case, the Buyer had deposited Rs. 4,83,25,280/- with the Builder for purchase of a flat in Araya Complex, Gurugram (the ‘Flat’), but the Builder had failed to obtain the occupancy certificate within the stipulated time period of 39 months with a grace period of 180 days and therefore, could not offer possession of the Flat to the Buyer within the time period agreed by them vide Agreement dated 08.05.2012.

As a result, the Buyer had approached the National Consumer Disputes Redressal Commission (NCDRC), whereby the NCDRC directed the Builder to pay compensation to the Buyer and also awarded interest for a part of the period of delay, vide Order dated 23.10.2018.

Meanwhile, the Builder obtained the Occupancy Certificate on 23.07.2018 and issued a Possession Letter to the Buyer on 28.08.2018. But the Buyer refused to accept the same as they were no longer interested to buy the said Flat and were looking for a flat elsewhere. Aggrieved by the Order dated 23.10.2018 of the NCDRC, the Builder filed an appeal before the Supreme Court (‘Appeal’).

In the said Appeal, the Supreme Court held the Builder liable for the following reasons:

1.The following clauses in the Agreement were found to be unfair and one-sided, as they were favouring the Builder:

i. The Builder was entitled to charge 18% interest from the Buyer for delayed payments.

But the Buyer was entitled to charge only 9% interest from the Builder for delay in handing over possession of the Flat to the Buyer.

ii. The Builder had the right to serve a termination notice to the Buyer for breach of his contractual obligations and also, cancel the Agreement if the Buyer fails to rectify the breach or default within 30 days of the termination notice and also forfeit the entire amount of earnest money towards liquidated damages.

Whereas, in the event of default or breach by the Builder, then if the Buyer fails to exercise his right of termination within the time limit provided in the Agreement, the Buyer cannot terminate the Agreement.

2. Such unfair and unreasonable terms of contract would not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.

3. In accordance with the Consumer Protection Act, 1986 as amended thereof, the incorporation of such clauses in an agreement constituted unfair trade practice, as the Builder had adopted unfair methods or practices for the purpose of selling the flats.

4. The Builder cannot compel the Buyer to purchase the Flat after causing an inordinate delay of almost 3 years in handing over the possession of the Flat to the Buyer.

5. Therefore, the Builder cannot seek to bind the Buyer with one-sided and unfair contractual terms of the Agreement.

Thus, the Apex Court directed the Builder to pay compensation and interest to the Buyer for the entire period of delay caused in handing over possession of the Flat to the Buyer.

Kindly check the sale brochure or agreement to sale draft of the builder and what he is saying in the termination clause. what are the terms and conditions mentioned in it.

Only builder can deduct 10-15 % from booking amount and not more than that.

You have paid substantial amount.  

In order to guide you properly, the Terms and conditions need to be perused.

If you have made up your mind to cancel the booking, you may have to fight for the booking amount against which the builder will create problem.

If the T&C contains Force Majeure Clause, you can take shelter under the same and seek extension of time, if builder refuses to extend, you can cancel the Booking and seek refund of amount after deducting the cancellation charges.

Try to fix the Builder (find out some issue(s) pertaining to completion of construction etc., wherein builder's default to complete should be shown) before you initiate cancellation of booking, based on which you get leverage for bargaining.

If the agreeement says so you are bound to comply it , but if there is any negligence on the part of the builder you may claim the entire amount.

Regards

You must have signed an application form at the time of flat booking. In case the terms of booking allow for flat cancellation, you should send a legal notice to the builder for claiming the amount paid by you as booking fee. 

the terms and conditions will prevail and if due to lockdown you are canceling the deal then issue a letter to them and demand some time.

but the reality is that the bank is working, the registry of the documents is also working.

the terms are booking amount would not be refunded so you may issue a letter to purchase the property after lockdown, your amount shall not be forfeited.

1. As per terms and conditions in booking form you will not get refund of booking amount. 

2. You can claim the amount paid by you after booking of 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  .. 

Since you have already signed the agreement and accepted the terms of the agreement via email, you can simply put in a request to cancel the offer made by them.