• Builder wants original documents for cancellation of agreement

Dear sir ,I have booked a flat in Greater Noida sector 1 , and paid an amount 12 lakhs rupees to the builder.As I have seen from 2years no work progress on /very slow construction.So I want to withdraw my agreement with the builder.When I approached builder office ,one of the representative told me that refund is not easy as the builder invested all money on construction. It may take a long time ,because they did not clear some other pending cases similar to me.But she suggested me to resale it.But I told her anyhow I want to cancel .She forwarded me some cancellation documents which include affidavit notary and notary indemnity bond and advise me to submit original all documents/agreement papers. Now my question is what I do ?If I submit all the original documents and builder not refund me later ?and if I go with their sale team for resale and they cannot sale in time ?can I send a legal notice to builder suggesting some time period to him for resale ,beyond the time limit I can ask him to cancel and refund?Is the legal notice will work as witness if I submit the original documents documents to builder?And what can I do for quick refund process after cancellation of the agreement ?as they mentioned 1-2years for refund time ,which is a very long time..
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1. Get some kind of conformation on refund from him in writing. once he gives such conformation on refund then only cancel the agreement.

2.If the builder does not refund you the money you can always file case in consumer forum.

3.Legal notice has no legal binding effect.

4. Before cancellation do refer to the relevant clause of the sale agreement as regards the can cancellation. Do note that an agreement can not be cancelled at the will of a [arty. The grounds of cancellation must be mentioned in the agreement itself.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

Dear Concerned,

DONT DO THAT - Please do not give your original documents to the builder as you will be in a catch 22 situation.

without the original documents or a valid receipt stating the builder has taken back all the original documents. DO not give the original documents to the builder however if they insist give them the Notarised Photocopy of all the documents they need, and tell them that you will give them these documents only at the time of refund of money.

there is nothing called as QUICK REFUND PROCESS - the developers will take their own sweet time to refund the money - it is suggested to send a legal notice to the developer for cancelling the unit (if you have already sent them a email requesting cancellation, or give them a letter for cancellation) then you need not to send a legal notice.

You have two options a) file a criminal complaint of cheating based on the grounds of no development or falsely inducing you to invest in the project b) filing a consumer complaint to get your refunds.

You may choose to contact us for a free consulting on your subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

5.0 on 5.0

1) submit documents sought by builder

2) keep xeroxcopies for your record

3) obtain acknowledgement from builder of receipt of original documents

4) if builder fails to refund file complaint before consumer forum and seek refund with interest

5) no need to issue legal notice to builder at this stage

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

1. What is the date of delivery of possession? If the builder is past the delivery date or the construction does not realistically seem will be completed within the delivery period then you may serve a legal notice for cancellation of agreement to the builder to seek the refund of the money paid to him. If he does not refund even after receipt of lawyer's notice then he may be sued in the consumer forum.

2. Do not return the originals to him unless the amount of refunded.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You first issue a ordinary notice from your side stating that due o the slow or no progress in the construction and there is no scope of completion of construction within the time span as mentioned in the agreement, you are hereby intimated that the booking is being cancelled and to refund the entire booking amount within from the date of submission of all requirements in this regard.

After this you may follow up the same through consumer forum in the form of a case.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

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