A few important things to have been noted by you before making the payment:
Land Record is the most important document that must be verified before getting into the further details. Land record gives you an idea of ownership, title, obligations, rights, mortgage etc. Do not buy a property or apartments whose title is not clear. A ‘certificate of commencement‘ is mandatory to commence any construction of a property. The certificate is issued by the town planning department or development authority in some cities. Construction certificate shall only be given by respective authorities only after inspection of some of the important documents like title, layout plans etc. When you have verified all the documents mentioned above, ask the developer to provide you a copy of booking form, allotment letter and BBA. Usually allotment letter and BBA are provided to you few months after making payment of 2-3 installments that would account for almost 20-30% of your flat consideration. At this stage you do not have an option to object to any clause. Objection means cancellation and cancellation means forfeiture of earnest money. You should force the builder to provide a sample copy of BBA and go through each and every clause carefully. The builder will always want to avoid presenting you with a BBA at the initial stage since most of them are one-sided, and are presented to the buyers at a stage when you just cannot afford to say no to it. After having a look at the BBA, you have a choice to walk away if builder’s agreement is too aggressive. Chances are that you shall be left helpless and BBA would be slapped on your face when you have any problem after making the payments.
For example now in this case, you were not knowing about the BBA before making the payments hence now you are not able to make any objection to the one sided agreement or about the missing cancellation clause.
Burt even now you can communicate in writing about the cancellation of the booking and demand the deposit money, let him give a reply quoting the conditions, this unjustified and unlawful condition can be challenged in the consumer court and recovery also can be made through consumer forum.
For filing a case before consumer forum, you can consult a local advocate having expertise in this field