• Builder asking to cancel booking of property

I recently booked a plot in an under development layout by a renowned builder in Bangalore. Agreement to sell is executed and I have made two installment payments on time as per the demand notice.

Now someone from the builder is calling me again and again pressurizing me to cancel booking and take refund by saying that property was not meant for current phase but for next phase and when enquired if property can be allocated to me in next phase at same price he said that I'll have to pay as per new phase pricing. The plot is included in the Rera approval for current phase.

He is calling me over phone but I've asked the person to communicate over email however till date no proper communication has come over email. Just once out of the blue I get an email from builder's CRM team that I've requested cancellation by talking to sales team to which I replied that I've not requested cancellation and I would like to continue booking as per agreement to sell.

I feel builder has been pressuring me to cancel so that they can sell at a higher price later . Since the property is of #1 builder in Bangalore and rera and property documents are clear I don't feel there is risk to project completion so, I'm not willing to let go of the property.

Please advise what I can do to protect my investment as well as not loose the property.
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

You issue a legal notice to the builder stating that his team are frequently troubling and harassing or  even threatening you to cancel the booking for  nor reason due to which you are losing your mental peace and demand the builder to advise his team or himself to refrain from indulging in such activities and clearly state that you never asked nor wanted to cancel the booking and also that you had been paying the periodical payments towards the purchase of the property on time. 

You an warn the builder that you will initiate appropriate legal action as per law through consumer court for such unfair trade practice and also for causing continuous nuisance or mental harassment.

You have to issue the legal notice by registered post with acknowledgment card and also mention the name of the person who called you over phone and inform that you may even lodge a criminal complaint against the person who keep calling you over phone and threatening you.

You can consult an experienced lawyer and proceed as suggested.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In reply you can refute false allegations of builder. If project is registered with rera then file rera complaint but if project is not registered with rera then you can consume complaint. Get isdued legal nirice and demsnd your investmentswith interest. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. Next time record the phone conversation .

,2. Assuming that the Agreement for Sale is registered in the jurisdictional Sub Registrar's Office.

3.  Send a legal notice to the builder for completing the Absolute Sale Deed in your favour otherwise mention that you would be forced to knock the doors of competent Court for Specific performance of the Agreement for Sale.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Refuse to cancel booking 

 

2) if builder fails to complete project in time file complaint against builder before RERA and seek orders to direct builder to deliver possession of flat as per terms of agreement 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Legally, the said builder cannot cancel the booking without the consent of purchaser on any ground , except for the delayed payment .

- Further, as you have booked the plot after paying booking amount and the builder has entered into an agreement to sell , then he cannot refuse to comply the terms mentioned in the agreement. 

- Further, the builder also cannot force you to book another project out of the property which is mentioned in the sale agreement. 

- You can lodge a complaint before the RERA or consumer forum on that ground , and can also claim compensation for the harassments. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Lodge a written complaint with your State RERA authority. Engage a competent lawyer and issue a notice to the promoters asking them to honour their contract and not indulge in such unfair practices, and threatening them with further legal action if they fail and neglect to do so.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

 

Gather and document evidence: Keep records of all communication with the builder, including call logs, emails, and any written correspondence. This will help you substantiate your claims if needed.

 

Review the agreement: Carefully go through the agreement to sell that you signed with the builder. Pay close attention to clauses related to cancellation, refund policies, and any provisions that protect your rights as a buyer.

 

Confirm RERA approval: Verify that the plot you booked is indeed included in the RERA approval for the current phase. This information can be obtained from the relevant RERA authority in Bangalore.

 

Insist on written communication: Request the builder to communicate with you exclusively through written channels, such as email or registered letters. This will help create a paper trail and reduce the chances of misunderstandings.

 

Seek legal advice: Consult with a property lawyer who can review your agreement and provide legal guidance based on the specific laws and regulations in Bangalore. They can assess the situation and advise you on the best course of action.

 

Respond in writing: Reply to the CRM team's email stating that you have not requested cancellation and that you intend to proceed with the booking as per the agreement to sell. Clearly mention your concerns and expectations regarding the property.

 

Maintain a firm stance: Politely but firmly communicate to the builder that you are not willing to cancel the booking unless it is explicitly allowed under the terms of the agreement. Reinforce your commitment to the property and your expectations of the builder's compliance with the agreement.

 

Explore legal remedies: If the builder continues to pressure you or refuses to honor the agreement, you may need to explore legal options. Your lawyer can guide you through the process of filing a complaint with the appropriate authorities or pursuing legal action, if necessary.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You don’t have to cancel he can’t force you. You can approach consumer court 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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