• Cancellation of apartment

We had bought a unit from AIPL at its Club Residence Project in Sector 70 A Gurgaon.As the unit was under construction at the time of purchase in 2018,we were convinced to buy this basis the brochures and video.Now after we got the intimation for possession,we decided to visit the site and were shocked to see that the layout was changed completely and did not match.We communicated this to the developer where they also accepted and when we asked for refund ,they are now asking us to pay brokerage and cancellation charges which is an amount exceeding our contribution despite of no fault of ours.We seek you assistance
Asked 11 months ago in Property Law
Religion: Hindu

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17 Answers

- 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, you are cancelling the fault of developer i.e. changing in layout , then the said developer is bond to refund your paid amount with 10% interest on cancelling the booking. 

- 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.

Mohammed Shahzad
Advocate, Delhi
7389 Answers
78 Consultations

5.0 on 5.0

File complaint against builder before RERA or consumer forum And seek orders to direct builder to refund your money 

 

2) take the plea that builder has completely changed the layout and is refusing to refund money 

 

3) layout cannot be changed without approval of flat owners

Ajay Sethi
Advocate, Mumbai
83143 Answers
5331 Consultations

5.0 on 5.0

Dear sir,

The best remedy at this stage is since they are at default, is serving them a legal notice first in which it will be stated as to the promise of service as to the description of the property and deficiency/denial of services by them. We will be claiming the refund of the earnest amount paid by you and will also seek compensation of harrasment caused due to ill act cause by their default. This might suffice your requirement. if this fails. We have full authority to approach the court or law such as:-

 

1. Filing a consumer complaint.

2. Filing a suit for possession as promised or compensation in default. 

And any other efficacious remedy. 

 

In case you want to contact me for consultation, I can be contacted here or a mere search or my name Advocate Yuganshu Sharma on google will connect you with me.

Best wishes,

Regards,

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

If project is RERA registered, you proceed under the laws in RERA. 

You must be protected in RERA.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

Hello,

  1. You need to get some acknowledgement from them if possible that the layout has been changed without prior notice to you and that you had already paid advance amount to the builder.
  2. You can issue a legal notice to the builder demanding the refund of the entire amount as there is a deviation on the builders part and you have to settle for something that you had not paid for.
  3. The terms and conditions in the Agreement to Sell shall be binding on you , if you have already signed one at the time money was advanced to the builder by misguiding you. It is a case of cheating as well.

S J Mathew
Advocate, Mumbai
3318 Answers
153 Consultations

5.0 on 5.0

Any material change in the layout which was not agree upon between you and the builder would be termed as unilateral and arbitrary and hence cannot be enforced by the builder. 

You can serve legal notice to the builder claiming the entire amount paid by you along with interest and compensation for the latches on the part of the builder.

If he fails to adhere even after receiving the legal notice, you can file a complaint against him in consumer court.

Siddharth Jain
Advocate, New Delhi
5703 Answers
82 Consultations

5.0 on 5.0

Section 14 of the Real Estate Regulation Act, 2016 (RERA) prohibits changes to the flat or project layout without the consent of the buyer. Similarly, no changes are permitting to fittings, fixtures, and amenities after they have been disclosed to the buyer and he has booked the flat on the basis of the same.

 

Issue a legal notice to the builder demanding the refund of the entire amount on the strength of change of layout . Also approach  the consumer court for getting refund and damages . The same time read the clause of refund  described in builder - buyer agreement.

Ajay N S
Advocate, Ernakulam
3877 Answers
82 Consultations

5.0 on 5.0

You can go against them to consumer court or rera as per your facts. You may seek compensation from them

Prashant Nayak
Advocate, Mumbai
23517 Answers
49 Consultations

4.4 on 5.0

You can file suit against them for Breach of contract and ask fine for that or ask them to reconstruct the building again as per agreement. you can make complaint in the Consumer forum and RERA office as well.

Ganesh Kadam
Advocate, Pune
12123 Answers
142 Consultations

4.9 on 5.0

In the given circumstances, you issue a legal notice to the builder expressing your anguish and grievances over the way you have been cheated or taken for granted by deceiving you with the property which ws not constructed in the manner that was told or assured as per their brochures and the sale agreement.

You can communicate your decision to cancel the booking for the said reasons and demand the builder to refund the entire amount paid by you so far with interest failing which you may inform that you will file a recovery suit in civil court and also drag him to the consumer court for unfair trade practice besides lodging a criminal complaint with the police for the acts of cheating and fraud played upon you.

After that you can pursue the matter legally including giving a complaint with RERA about this.

Discuss with your advocate on all legal aspects to be pursued.

 

T Kalaiselvan
Advocate, Vellore
73242 Answers
1145 Consultations

5.0 on 5.0

Dear Client,

You may file a case in the consumer commission. You to file complaint against the builder in the project "Haamid Real Estate Projects Ltd.". Company is cheating with innocent consumers. The company is also targeting NRIs.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

Seeing as this project was under development in 2018, it is perhaps safe to presume it is registered under the Real Estate (Regulation and Development) Act or RERA. 

What you are describing is a violation of Section 14 of this Act, which requires the builder to stick to the sanctioned plan shown to the home buyer at the time of sale. If any changes are to be made they can only be made with the prior consent of the buyer (that is you).

 

So you don’t have to pay anything to anybody. Instead you are entitled to be compensated for this violation. Your best remedy is under the RERA. A complaint will have to be filed under that Act.


Hope that answer your questions. Follow-up queries welcome.

 

 

 

 

Pulkit Chandna
Advocate, New Delhi
189 Answers
4 Consultations

4.9 on 5.0

You should file a complaint against the builder in the RERA tribunal immediately. The builders are not to be trusted. They will not refund the money and will put onerous conditions upon the property owners.

Rahul Mishra
Advocate, Lucknow
12848 Answers
36 Consultations

5.0 on 5.0

You have two options to exercise for :

1.you have to approach to rera and file complaint against builder to get the refund along with the interest for the period money was used by the builder.

2. Another case you have to approach consumer forum which is now known as consumer commission to get your paytm amount refunded by the builder along with interest and you can claim the compensation changing the layout plan without your information you have to provide the copies of the brochure in your claim for the compensation also claim the legal charges in this case.

Definitely in case of your complaint to rera you will get the decision of the rera court quickly but the builder will approach to the rera tribunal we will be taking again the same time as the the consumer commission to be taken

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

File a fraud complaint against the builder in police station. 

File a case in consumer court, you will surely get refund with interest 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

issue a legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19006 Answers
25 Consultations

4.5 on 5.0

1. You can seek cancellation on ground of changed layout without paying cancellation charges and brokerage because change of layout was never intimated to you. 

2. For that you need to send them a legal notice for cancellation of flat and refund of complete amount along with interest.

3. If they refuse to refund the money then file suit before consumer dispute redressal forum or RERA.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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