• Cancellation of booked flat

Hello Sir,

I am an NRI and I have booked a flat in Lodha BigBang, Thane under their lottery scheme. I got my allocation email on 25th July 2015. Due to vastu reasons I requested the builder to change my apartment in another tower. After couple of follow ups I have got reallocation in another wing. 

I paid my Rs.54000/- as a booking money and Rs. 445284/- against 5% of the demand. During my bank loan process I came to know that the new tower is not bank approved and full approval documentation are not in place for that unit. When I contacted Lodha then they asked me to wait couple of weeks and said that approvals are in progress and can come anytime soon. I waited for 2 months and still didn't get any response so I asked them to reallocate my unit back to some other unit which is fully approved. After numerous follow ups and escalations, On 16th Oct builder informed me that they can offer me a unit in another wing which is fully approved. I agreed to this change and ask them to send me the updated allocation letter so that I can start the registration process.
Today its 15th Nov and I am still waiting for reallocation details from Lodha. In every inquiry I get one or another timeline of the reallocation letter and due to all this now I wanted to take my full refund of the money I paid to Lodha.
Please advise what should I do and whats the possibility of getting the refund from builder.
Asked 1 year ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) you can request builder to cancel your booking and refund advance payment made as the building in which flat is allotted as it does not have the approval or construction of building 

2) further builder had failed to offer  alternative flat on building which is approved by authorities 

3) if builder fails to refund move consumer forum against builder and seek refund with interest
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Have you entered into a registered sale agreement with the builder?
Have you verified the cancellation clause and refund details?
You have done two mistakes, 1) to change the allotted apartment for the fictitious reasons called vaastu;
2) To accept the reallocation without verifying the details of the property allocated to you. 
However you can issue a notice to the builder stating that you are cancelling the booking and ask him to return the advance paid amount after nominal deductions, if you dot get a proper response within reasonable time, you ay draw him to a consumer forum seeking to redress the grievances. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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It is time now for you to issue a lawyer's notice to the builder for failing to reallocate the unit. Depending on the reply received from the builder you can either sue the builder to give the unit or refund the earnest amount with compensation.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Hi, first you have to write a letter to the builder and request him to cancel the allotment and if the builder has failed to cancel the allotment then issue a legal notice for the cancellation of the allotment and also for refund of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. You should have verified about the unapproved tower before applying,

2. However, since the builder has accepted that there are unapproved towers in one of which they had reallocated a flat to you, you are in a comfortable position legally,

3. send the builder a legal notice to reallocate you the flat in an approved tower within 15 days,

4. If they fail, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the paid amount with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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