• Cancellation of booking, refund pending

Hello sir
 We booked a 3bhk flat at the pre-launch offer and paid 3lakhs as booking amount in September 2014 with the promise that the handing over of the flat would be made in march 2018. We did not see any progress till September 2015 and decided to cancel the booking. However, they have so far delayed refund of booking amount even though they themselves have stated that there are problems with acquiring permissions for construction (which still haven't been obtained). They keep making up excuses and have accepted that five other bookings have been cancelled. Even today they act as if doing a favor saying that the agreement says six months or till resale of property. But how do we expect resale without launch of project
My queries are
1. Should I go ahead with legal action under RERA?
2. Any provision of demanding full refund with interest?
3 immediately send a legal notice stating the same?
Thank you sir
Asked 8 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) issue legal notice to builder and seek refund with interest 

2) if builder fails to pay file complaint before consumer forum and seek refund of money paid with interest 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
26163 Answers
1421 Consultations
5.0 on 5.0
This is quite common about the conduct of the developers as they often take advantage of the gullible nature of the buyers.
This is a clear case of unfair trade precipice and deficiency of service for which you can file case in consumer forum wherein you apart from getting the refund of the monye would get adequate compensation and damages as well
Devajyoti Barman
Advocate, Kolkata
6494 Answers
72 Consultations
4.9 on 5.0
Dear Sir/Madam, you have every right to get cancelled the said flat as per terms and  conditions and also you have to claim delay penalty, if you are decided to cancel the same, and the said developer not permitted you, you have to issued a legal notice against the said developer for the same. The said developer failed to comply the demand legal notice, you have to approach the jurisdictional consumer forum to claim your cancellation of flat and to refund the amount along with compensation for mental agony. 1. RERA at present not come into force with effectively, 2. It is fully depend upon terms and conditions of sale agreement/construction agreement/MOU, 3. Yes, you should issued a legal notice against them immediately.  If you want my legal service I will do it.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
You can file a consumer complaint against the builder and seek delay compensation for the inadvertent delay along with compensation. 
In case you wish to seek cancellation and complete refund due to unexplained delay, you are at liberty to do so, in this regard you will have to first issue a legal notice and then proceed to file the complaint.
You may get in touch with a consumer complaints advocate and take this forward.
Kiran N. Murthy
Advocate, Bangalore
810 Answers
57 Consultations
5.0 on 5.0
1.  First issue a legal demand notice through a lawyer demanding the refund of the booking amount since the builder has not even started the construction work ad there is no sign of commencement anytime in the near future hence you have cancelled the booking. After that you can proceed with recovery suit through civil court or through consumer forum.


2.  You can demand the refund in full with interest since the cancellation has been forced on you due to the circumstances  wherein the builder has made inordinate delay.




3.  Yes do that.
T Kalaiselvan
Advocate, Vellore
16543 Answers
153 Consultations
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You can issue a legal notice for cancellation of the booking to claim the refund of the booking amount and compensation for delay. If the builder does not comply with the notice then you may move to consumer forum to make the recovery with interest and compensation.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0

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