• Flat booking cancellation refund

I have paid token amount 1lac on 23rd Dec and a PDC dated 28th Dec of 13lc of 1.4 cr property in gurgaon to builder 
Till now there is only application form signed and in that too they have clearly not mentioned the clear property value. 

on 26th Dec we have cancelled the booking information the agency as well as builder over whatsup and call and advised that to not to proceed further as inability to go further due to some constraints .also over mail to builder and their retailor for the same dated 29th Dec . 

meanwhile I have requested bank for stop cheque to avoid any issues. till now builder/retailor hasn't returned the cheque

Please guide how we can proceed
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

You are entitled to cancel your booking within period of 15 days of booking and are entitled to full refund of booking amount 

 

2) if builder refuses to refund file complaint against builder before RERA and seek refund of money paid by you 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Hi,it is advisable to issue a legal notice to the builder to cancel the allotment and seek refund of your booking amount ..As per HRERA rules at pre agreement stage builder can only forfeit 10 percent of the booking amount and has to refund the balance to the allotee..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

As you cancelled the booking and then stopped payment of the cheque you have conveyed by your actions that you are no longer interested in buying the property. Ask him to respond and return the booking amount. The contract should state what happens in case you cancel the booking.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

You are entitled to get full refund with bank interest of the amount advance paid. Issue him lawyer's notice seeking refund with interest and fee of notice paid to lawyer, also in the same notice inform that you have instructed bank not to pass the cheque so that he cannot misuse to cheque by presenting it and filing chque bounce case against you. You can file file a complaint in District Consumer Commission on his failure to refund the advance under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get refund with interest, costs of complaint and lawyer's fee.

Ravi Shinde
Advocate, Hyderabad
4069 Answers
42 Consultations

5.0 on 5.0

May be he would not return the cheque or harass u or present the cheque.  In this scenario, you keep the record of whats'up, mail, etc.  or for just further precaution, write a complaint to concerned SHO and a keep a copy with u duly stamped and signed by police. In any case, he would not be successful in his malafide intention, if any.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

From 29 to 1st January, it's hardly two'days in between, you may wait for a week or ten days and then resort to legal action by first issuing a legal notice communicating your decision to cancel the booking and demand them to return the advance amount and also the PDCs held by them.

Failing to comply with the demands made you may proceed to file a complaint through consumer forum.

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

You can make online complaint in the consumer forum and at RERA site.

Ganesh Kadam
Advocate, Pune
12933 Answers
256 Consultations

4.9 on 5.0

- 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.

- Since, you have cancelled the booking within 15 days period after informing the official of the builder , then the builder cannot deduct any amount and liable to refund the entire amount paid by you. 

- You can wait for the return of the cheque and refund at least 10 days , otherwise you can send a legal notice to get refund the paid amount and also the said cheque. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can approach RERA for the same if the Builder does not provide money within the prescribed period of time

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

You can inform builder the same. If he takes any legal action you need to counter the same 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

Depends if there is a forfeiture clause in the booking/allotment form.

 

Nevertheless, only a reasonable amount can be forfeited; and the builder cannot stake a claim over the 2nd trench of 13 lacs paid by your through PDC. 

Vibhanshu Srivastava
Advocate, Lucknow
9628 Answers
303 Consultations

5.0 on 5.0

First, issue a notice through a competent lawyer demanding refund of the booking advance on or before a set deadline. On default, lodge a written complaint with the consumer forum, in consultation with your lawyer. Also, lodge a written complaint with the State RERA authority and seek redress.

Swaminathan Neelakantan
Advocate, Coimbatore
2836 Answers
20 Consultations

4.9 on 5.0

You'll be governed as per the terms and conditions for cancellation as per the application form signed by you.

If the cancellation provision is arbitrary and is tilted in favour of the builder, then the same can be challenged before court and can be declared as unilateral and hence void.

In case the cancellation of due to any fault of the builder, then you will not be liable to pay any cancellation amount to him. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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