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
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
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
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..
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.
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.
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.
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.
- 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.
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
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.
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.
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.