Delay in flat booking cancellation refund amount
I have booked a 3 BHK flat in Rajarhat Kolkata in April 2015 with 80% of the total cost of the flat.At the time of booking , the developer had committed for possession within 1 year of the booking.I have not received flat possession till date and I have made payment of 95% of the total flat value.The developer confirmed posession by October end.
However , due to some reason , I need to cancel the booking.The agreement mentions 10% of booking cancellation charges which is around 3 Lacs.But however the developer has not mentioned the refund amount to be credited to the bank(for home loan closue) and the rest to me.They mentioned they will refund the amount by reselling the flat which will take 60-90 days minnimum and maybe more than that and hence has not confirmed me any date for the refunded amount.This refund process is not mentioned anywhere in the agreement.I am quoting the statement as mentioned in the booking form in the event of buyer cancelling the booking.
"In the event of cancellation/rejection of allotment, after execution of agreement , the company shall hereby entitled to deduct a sum of 10% of total consideration from the paid amount and the applicant hereby consents to the same.Unless an agreement is execute , in writing the applicant shall not be entiteled to and herby agrees not to setup any oral agreement whatsoever or howsoever"
Currently my home loan interest is 600 INR per day i.e. 18000 per month.So every single day delay in the refund , more interest will be levied upon me for a flat loan which I have already cancelled.(including 3 lac INR cancellation charges).KIndly suggest any legal advice so that I could get a faster refund from the developer.
Asked 7 years ago in Property Law
Religion: Hindu
Thanks for your advice sir!!
However I have one query...
How long does it take on an average for the consumer forum to give its verdict considering the refund amount is between 20L-50L and will come under the State Authority?
For me time is the essence..
Asked 7 years ago