How much was booking amount ?

2) what were terms of your booking ?

3) builder can deduct 10 per cent of booking amount 

4) file complaint against builder before RERA and seek orders to direct builder to refund your money 

Sir Kindly go through your Agreement and see the terms regarding refund as every builder has their own terms.

You can make complaint in RERA office and consumer forum. But still take politely and take money from builder.

1) did you sign any agreement that cancellation period is only 7 days 

2) in any case you are entitled to refund of booking amount after deduction of cancellation charges as mentioned herein above 

1. The builder is a crooked man and hence is indulging in such version which has no basis in the eye of law.

2. A purchaser can cancel the booking/sale agreement at any point f time before the registration of sale deed.

3. However in such cases the builder can deduct a sum of money which is reasonable .

4. If the builder does not do so then file case before the consumer forum therefrom you would get almost full refund with interest. 

Do accordingly. 

Ok if your booking amount is very high then i would advise you to file a complaint before RERA for refund but everything will depend on the circumstances weather your complaint will be maintainable or not, for that will have to tell me the date of payments and some more basic information.

if the amount is not that high then filing a complaint will be of no point as you will end up spending more money on litigation.

Forfeiture of entire booking amount by builder can be challenged by you before RERA or consumer forum 

You can stick to this below point which is mention in the agreement at the time of the booking flat.

"the offer, the Company will refund the entire earnest amount paid by us without interest within two weeks (14 days)."

So now the builder should refund the amount within 14 days from the cancellation of flat information to him.

You have to file a case before the competent court for recovery of the money against the builder.

BBA agreement cannot be one sided. When builder had the authority to reject the offer within 7 days, same is available to you.

Send legal notice that you have cancelled the booking with in 7 days of advance and requested for refund. Since you have no refunded the amount hence liable to face legal consequence.

Don`t show your inability to arrange payment. Just use cancelled in 7 days.

1. Under RERA, builder is legally entitled to deduct 10% amount, IF buyer cancels booking without any reasons.

2. However Buyer is entitled to receive back the paid amounts with interest, IF buyer proves that Builder has delayed or doing illegal construction or improper material etc....

Dear Sir,

As per the given clause the company may not return the money, but you are suggested to find the fault on the part of the company and then ask for cancellation and return of amount.  

If you cancel it for no fault of builder your booking amount will be forfeited

- 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. 

- Since there is no registration of agreement , hence the builder is bound to refund whole amount deposited by you. 

- 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 compensation. 

Have you communicated your decision to cancel the booking and made a demand for return of your booking amount in writing, if not do it immediately and wait for his reply in writing after which you can plan for further action as per law.

The builder's contention is not maintainable in law.

He cannot impose any such condition on his own.

There is no such hard and fast rules that the buyer should cancel the booking within 7 days.

His rules are not maintainable in law because the builder is not a law maker of the country.

He has to respect the law of the land.

You can make a complaint against the builder either before RERA or before the consumer forum in this regard.

You can discuss with any advocate and issue a legal demand notice by communicating your decision to cancel the booking.

This is a one sided agreement which is not maintainable in law.

If you drag the builder to court then he would be made liable to return the entire amount.

There is a supreme court judgment stating that the one sided agreement conditions made by the builder is not maintainable.

One-Sided Clauses in Builder-Buyer Agreement is Unfair Trade Practice-

 Supreme Court. 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.

• The Court also made reference to the Law Commission of India’s 199th Report on ‘Unfair (Procedural & Substantive) Terms in Contract’, wherein the Law Commission recommended that a legislation be enacted to counter such unfair terms in contracts. In the draft legislation provided in the Report, it was stated that: “A contract or a term thereof is substantively unfair if such contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties.”
  
• The Supreme Court while referring to the Apartment Buyer’s Agreement in the present case observed that the Agreement revealed stark incongruities between the remedies available to both the parties.
• The Court thus held in the case that a term of a contract will 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.
  

Hence, in view of the aforesaid observations, the Apex Court held that the terms of the Apartment Buyer’s Agreement in the present case were wholly one-sided and unfair to the Respondent – Flat Purchaser and that the Appellant – Builder could not seek to bind the Respondent with such one-sided contractual terms.

He must refund the amount as he is obligated to do it. File a complaint in the RERA TRIBUNAL.

This is an absurd and unreasonable statement. He cannot set arbitrary timelines.

That is an arbitrary clause which will not stand before the court.

You have not disclosed the terms and conditions which you have signed at the time of booking of the flat but even then for recovery of your booking amount you have to send a legal demand notice to the builder through advocate and if builder did not pay the amount with in stipulated days as mentioned in your notice, you have to file a suit for recovery against the builder. You can also approach to consumer court but it will be finally decide which forum is best for you only after reading terms and conditions of your agreement.

The Supreme Court has recently held that the earnest money can be forfeited in full or in part by the builder if the earnest money was in the nature of payment to continue with the construction. However, if the payment was just part payment, then the same cannot be forfeited. 

You should send a legal demand notice to builder for refund of your booking amount on ground that haven't accepted the offer given by developer and cancelling the booking within time frame. 

1. You wish to cancel it because of your own inability to arrange the funds and not any default committed by the builder.

2. Therefore, within the sweep of cancellation clause extracted by you, the builder is entitled to forfeit the earnest amount paid to him.