Paid more than 60% to the builder but he has cancelled my booking
Builder: m/s panchsheel buildtech pvt. ltd.
corporate office: h – 169, sec. – 63, noida, gautam budh nagar, u.p.
PROJECT NAME: Panchsheel Greens – 2 at Plot No. 01, Sector – 16, Greater Noida
I booked 2BHK, MIG 2, having area 1025 Sq. Ft. The 10% booking amount was paid and got receipt in Feb. 2011 from the builder. Again some amount as demanded was sent thru RTGS to builder in Nov. 2011
Due to ongoing Noida Extn. Issue during that time there was no construction activity on the site. Later once the issue was resumed I recd. a letter from them demanding for 15% installment in Feb. 2013. I paid them by DD.
The builder kept on demanding for funds since it was CLP payment plan and I had made all the payments as demanded without taking any loans from the bank. Pls. note that I do not reside in the city where this residential project is coming.
Lastly in the month of May 2014 builder demanded for 8% payments and due to shortage of funds I could not sent him the amount with in time. So after reminders builder cancelled my flat and sent a regd speedpost letter, which i do not recieve but with one week of the so called cancellation letter I had sent the payments with interest thru RTGS and the same was acknowledged by the builder campany (i have an email proof of receipt).
NOW THE DISPUTE is that the builder says that since they do not recd. the payment in time limit they cancelled the booking and asked to collect my refund cheque from them with in one week from their office. This is around 4-5 months back.
Few days back when I contacted the builder over telephone to know about the possesion plans, I was shocked to note that they had cancelled my booking and moreover for all these months not a single communication was done by them and no reminder was given to me.
I feel cheated by the builder since I had made more than 60% payment to the builder and now he says to take the refund after deduction of 10% of refund amount.
Can anyone guide me legally and help me out of these situation
Is the builder legally correct on what he did ??