Cancellation of flat booked
Hello everyone
I booked a flat costing Rs 39.87 lacs and paid Rs 3.88 lacs to builder and executed a agreement to sell.
Now i wish to cancel the allotment and builder is saying that he will deduct 10% of total consideration of flat (which has been mentioned in application form) but as per agreement executed, no such clause for cancellation is there and in fact, there is a clause stating that the agreement supercedes all previous agreements, arrangements, memorandums, brochures etc.
Now, is there any chance to recover my money through legal proceedings and if yes, then please guide through the process.
Asked 8 years ago in Property Law
Religion: Hindu
Reason behind cancellation is personal as i do not want to purchase the flat as there is lack of occupancy.
I know most of you will think that these things should be looked before booking but at the time of booking, builder assured that building will be occupied by feb,16 but there is no one in the building at present and builder is also not doing any further work as he is completing only those flats whose full payment has been received.
However, the above mentioned promise of builder regarding occupancy is oral and not written.
Please advise the way out through which i can recover atleast 60% of my money
Asked 8 years ago