• Cancellation of booked flat

I have purchased a Flat in Faridabad, of a project by M/S Dhingra Jardine Infrastructure Pvt LTd in November 2012. The project they said will be finished in 2013 though they forced me to sign a contract which says 3 years from the date of contract. The project was started in 2007 but still no sign of completion in near future. When I talked to them they said government not provided proper roads and because of this they were not able to shift raw material to the site. This is the reason why project is delayed. Also I have paid 95% of the amount till July 2013. When I asked for refund they said they will cut 15-20% from my paid amount. So I am going to lose more than 30 Lacs rupees. Please help what to do? Should I go to court? Agreement signed is one sided which says they wont give any compensation.
Asked 7 months ago in Property Law from Faridabad, Haryana
Religion: Hindu
1) idf builder has failed to complete project within stipulated period you can cancel your agreement and seek refund of money paid 

2) builder cannot deduct 20 %  of amount paid as cancellation charges 

3) if builder fails to refund move consumer forum against builder and seek refund with interest , compensation for mental torture undergone by you and litigation costs
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) case before consumer forum would take  around 2 years . 

2) it depends upon backlog of cases in consumer forum 

3) generally all agreement entered inot by builder are one sided . 

4) consumer forum would award you compensation for mental torture undergone by you 

5)search in kaanoon.com for lawyers in faridabad 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
The builder cannot deduct any amount if the cancellation has been necessitated due to the fault of the builder. You should issue a lawyer's notice to him to refund your money, and if he does not refund the entire paid amount then file a case in the consumer forum to demand the refund of money with compensation for mental agony suffered by you. The remedy is expeditious.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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This is the reason why project is delayed. Also I have paid 95% of the amount till July 2013. When I asked for refund they said they will cut 15-20% from my paid amount. So I am going to lose more than 30 Lacs rupees. Please help what to do? Should I go to court? Agreement signed is one sided which says they wont give any compensation.

The builder cannot take plea or excuse for delay owing to bad roads by government.  Government will not provide him the facilities for the benefit of his project.  He is atrocious and arrogant by this reply. The builder should be taken to task.  You should give a legal notice to him to pay the penal interest for the delay in completion of construction failing which you can drag him to the consumer forum or you can decide about terminating the sale agreement and demand full payment of the amount paid by you including interest for it as the inordinate delay is due to the builder's fault which is not acceptable to you.You can initiate legal actions by dragging the builder to consumer forum seeking recovery as well as compensation for the mental agony you suffered so far.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Please tell me the procedure for legal action against the builder.

You should first serve legal notice on him demanding your requirements, if he fails to comply or do not respond you may file a case in the consumer forum seeking relief and compensation.




How much time will it take for all the proceedings?

Generally it may take upto two years, but is unpredictable.





I want to know if the contract is one sided by Builder will there be any way to get compensation though the contract doesn't specify any compensation?

The contract cannot be one sided, if it is so then this cannot be enforced in law  so the situation is in your favor, go ahead after discussing with your lawyer.






Also, I want to know about Advocate in Faridabad who can guide me regarding this matter?

You have to search for one yourself. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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