File complaint against builder before RERA and seek orders to direct builder to refund your money with interest 

Builder can forfeit 10% when booking cancelled without builder fault. Here builder has defaulted, therefore you are entitle to full refund with interest. File FIR and also complain to RERA.

Also without executing Agreement to sell, builder cannot receive more than 10% in advance. Here also builder has violated ReRA act.

ReRA applies in your case.

You can go to consumer court and need to show what prejudice you have suffered after changing the plan the same is illegal or legal etc

Only if the fault is of builder you will get the refund of booking amount otherwise it will deducted

If your flat plan was not changed you should not have cancelled your booking 

any how if builder is not refunding your money file complaint before RERA for refund of your money 

Builder can change plan subject to approval of purchases. If you are not agree, builder is bound to refund with interest.

 Go ahead with recovery.

If you flat plan is also changed in the same you can go for it. You will get relief from consumer court

You can file complaint in RERA and consumer forum and get back your refund. 

- 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. 

- Further as you are cancelling the booking due to changing plans by builder , and not voluntarily , hence the builder is also bound to return full amount with interest as well. 

- 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.

1. On cancellation of booking or agreement of sale no builder cna deduct a huge sum of money , least the 10% of total price f the flat.

The said approach is totally unacceptable being unfair trade practice.

Now f the builder indulges in that then the convenient remedy would be to file case before the consumer forum. 

From examining all the facts of your query I want to say that-

Recently, there have been number of cases wherein the builder had taken the whole or partial amount of money but did not sign or execute any Builder-Buyer agreement so now the question arises if there is no BBA then how there can be a breach of terms and conditions of the agreement for the delivery of the possession and in such cases how the home-buyers should pursue their complaints. I have dealt with some of these cases in Supreme Court.

To my mind this issue should be discussed in the light of the preamble of the RERA Act where it is clearly written that the act should safeguard the interest of the home-buyers. Moreover, as per Section 31 of the act, any aggrieved person may file a complaint before the RERA Authority for any of the contraventions of the act, rules, and regulations. I perceive that the intent of the RERA Act is very much explicit as it was introduced to redress the grievances of the homebuyers.

As per the RERA laws a person has to be allottee/aggrieved person to get the desired remedies written in the Act and to be an allottee/aggrieved person one does not need Builder-Buyer agreement; if the builder took your money and not giving you the possession of the plot, apartment or building and there are other relevant documents (allotment letter, brochures any advertisement in the newspaper or any commitment via letter/ mail) to prove that the project is delayed or promised amenities/facilities are not fulfilled then the complaint is maintainable and one should pursue without giving any second thought.

I feel that one more important provision which has nexus with this issue is given in section 13 of the RERA Act, wherein a builder/developer is prohibited to take more than ten percent of the cost of the apartment without the signing and registration of the Builder-Buyer agreement. In any of the case where a builder has taken the money above than the mentioned threshold then this is not a legal act and one can induce the builder to sign the builder-buyer agreement by filing a complaint before RERA Authority.

At last, I can infer that even if there is no Builder Buyer Agreement signed then still RERA complaint is maintainable but the facts of the case should be analyzed profoundly beforehand.

In the judgement dated April 17, 2019 "Ajay Nagpal Vs. Today Homes & Infrastructure Pvt Ltd" the National Consumer Disputes Redressal Commission has held that RERA Act does not bar filing of a complaint under the Consumer Protection Act 1986 against a builder/developer. So, you may approach the Consumer Court as well for speedy action. All the Courts in India are working now via a video conferencing applications. You can file application with the help of an Advocate for urgent hearing in your case.

You may also send a legal notice through Advocate. A legal notice is a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

You may communicate your decision in writing  to withdraw form the booking of this flat owing to the reason that the builder has changed his policy of selling by including the additional FSI which is not in your interest and beyond your limit.

The communication may be sent to the builder by registered post and you may make a demand to the builder to refund the full booking amount with interest since it is his fault to change the selling policy.

You may give him 15 days time in the legal notice to return the amount, filing which you may file a money recovery suit through civil court. 

You can approach RERA or consumer forum or civil court for relief or remedy only after exhausting the remedy available with the builder by first sending him a legal demand notice.

Hence you first issue a legal notice to the builder either by yourself or through an advocate  after which you may proceed legally by whichever mode that is convenient to you.

Consumer court 

issue a legal notice and demanding back your money and if he fails to do so you can file a cheating case on him or approach the consumer forum or initiate proceedings against him in the appropriate civil court.. 

As per the  RERA rule, if you cancel such a booking, builders will have to return your money within 45 days. If they don't pay back, you can file a money suit claiming the rest amount along with compensation

Issue notice to the Builder referring to the cancellation of booking and demand for refund of advance paid by you.

Lodge complaint with RERA.  Seek direction against Builder to refund the advance paid by you.

Builder cannot charge more than 10% as cancellation charges, unless it is agreed by both of you for a higher amount.

If your flat plan is not changed, what made you cancel the booking.

If no action is taken by RERA, you can file complaint before Consumer Forum seeking direction from Forum to direct Builder to refund the advance paid by you, damages for mental tensions and litigation expenses

1. Serve a lawyer's notice to him to demand refund of the entire amount within 2 weeks from the date of service of notice.

2. Go to RERA if he does not make the refund within the time given to him in the notice.

3. Registration of agreement is not a condition precedent to avail the remedy before RERA.

That is ie the agreement not important. File a case in RERA tribunal immediately. 

If there are genuine concerns and you do not approve of the changes then he should refund the money. He may allot you somewhere else or refund the money. Even if he can change legally it should be reasonable and acceptable to the buyers.

1. You cn choose any one from RERA or consumer forum to file complaint against builder for refund of your money as the scheme was registered with RERA. 

2. Yes you should go ahead and file complaint Before RERA.