• Cancellation of a booking with the builder

Dear Madam/Sir
I had booked a farm house with the builder in 2012 and paid the booking amount to the builder, however there was no builder buyer agreement shared. on inquiry I was told it will be provided after 35% of payment. I have paid more than 50% to the builder, however post almost 2.5 years the builder has not build the club house or provided any security but has issued possession letter. Then after approaching them i asked for a cancellation, to which they agreed and asked me to submit an application on a Rs 10 Stamp paper. It has been almost three month i have been following up with the builder, but there has been a consistent reply that they are looking into the application and its under consideration. Is there a way out. I have paid the money through cheques. Please advice. thanks
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) issue legal notice to builder to refund your money 

2) if builder fails to do so move consumer forum against builder for refund of money with interest 

3) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
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The builder cannot deny the receipt of payment made toward the purchase of the said property. If he is delaying the refund, you may issue a legal notice to him under registered post demanding the refund at the earliest or else you may initiate a legal process through consumer forum for deficiency of services and violating the terms and conditions ofthe contract. 
Why did you not insist on the sale agreement till this date, this would have been more helpful for bringing or putting pressure on the builder. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
It is most unwise to book a flat without executing the agreement. The builders do not provide the agreement at the time of booking to ensure that they are able to leave enough escape routes for them in the agreement. The cancellation has to take place within the four corners of the cancellation clause in the agreement. You should issue a lawyer's notice to the builder to seek the refund of the amount paid to him. If he does not pay back then you can file a suit for recovery of money against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Builder - buyer agreement has  important roll .Why you are not insisted for writing the same?Is the possession letter is with regard to land or building ? Is there any time limit is fixed for handing over the farm house? 

Send a legal notice to builder and convey your cancellation of booking .If they are denying to remit back the money file case before consumer  forum for deficiency of services and violating the terms and conditions of the oral  contract
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. The builder is not good and do not proceed with this builder anymore.
2. Immediately send a legal notice to him asking for money or delivery of gods in time.
3. If then refuse to do this again then file case on consumer forum wherein you would find not only relief of getting back your money but additional compensation as well.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, as per law you have to entered into agreement then only you have to make payment  but you have not taken legal opinion.

2. Now you have to approach consumer court for repayment of the amount paid by you.

3. You have a  other option to file a suit for recovery of money also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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