Dear Sir/Madam, the builder cannot forfeited the full amount, it is illegal. You have every right to get your money as per sale agreement clauses, kindly send said sale agreement I will review the same.
I had booked a home in pre-launch scheme of one builder in dombivli. Due to some personal financial urgency’s, i had requested builder to cancel the booking and refund the money paid to them. They are saying that the money will not be refunded in any circumstances as per the cancellation clause hence it will be forefieted. Is the money paid to the builder (about 4 lakhs) will really be forefieted due to the clause mentioned by the builder or is there a way to get it back? please advise the course of action ?
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Dear Sir/Madam, the builder cannot forfeited the full amount, it is illegal. You have every right to get your money as per sale agreement clauses, kindly send said sale agreement I will review the same.
1. If there is an agreement entered in to by and between you or if the brochure issued by the promoter has a clause that the advance amount paid by the buyer will be forfeited for cancellation of bookings, then you shall have to abide by the said term of the agreement,
2. However, you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging unfair business practice by getting an one sided agreement signed by the developer and claim refund of the booking amount with interest, damage and cost.
1) if you had signed the agreement terms would be binding upon you
2) it is necessary to peruse agreement signed by you
3) most of agreements are one sided and in favour of builder
4) fike complaint before consumer forum against builder and seek refund of advance paid by you
5) builder can deduct 10 per cent or so as cancellation charges but to forfeit entire amount is unreasonable
if you had signed the agreement terms would be binding upon you
2) it is necessary to peruse agreement signed by you
3) most of agreements are one sided and in favour of builder
4) fike complaint before consumer forum against builder and seek refund of advance paid by you
5) builder can deduct 10 per cent or so as cancellation charges but to forfeit entire amount is unreasonable
Hi, if there is any specific clause for forfeiture then you can't do anything and it is binding or else you have to approach Consumer Court for recover of the amount.
If there is any clause regarding the cancellation and botth of you signed the same then terms and conditions of agreement will be follow and the court wil also pass an order as per the performance of agreement executed between you and builder.
But if there is any fault on builder's part then you may file a complaint against builder before consumer court and claim compensation with your booking amount and also claim the interest.
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The refund of money has to be within the ambit of cancellation clause. Therefore, if the cancellation clause provides for forfeiture of the booking amount the builder can invoke it. Unless you can show the fault of the builder in the performance of contract you may not be able to recover your money except by going to consumer forum on the ground that the clause is illegal in as much as it provides for forfeiture of money in entirety.
First of all communicate your decision to cancel the booking to the builder in writing and have an acknowledgment of it either by sending it by registered post or handing it over in person.
Let him deny but ask him to give the denial in writing.
If he refuses to give the same in writing, dont worry, don't insist on it.
The evidence of acknowledging the notice intimating your decision of cancelling the booking should be secured.
File a consumer case seeking refund and compensation for mental agony from him
You can file a money recovery suit also through a civil court.
The agreement should contain the clause for refund, the builder cannot make an agreement without such clauses.
Dear Sir/Madam, Builder has no right to forfeited the full amount which you have paid, you can claim as refund the said amount as per terms and conditions of sale agreement/MOU.