Refund of Flat booking amount
I am planning to purchase a flat in Bangalore. Once, decided the project (RERA approved), I paid 50000 Rs to builder as booking amount & signed the booking form. Builder provided me a digitally signed receipt. But, once they provided me the draft copy of agreement copy, the clauses added are looks odd. I like to know whether I should proceed with that and if I want cancel it whether provision is there by law that to get refund of the money I paid as booking amount.
Some points from draft agreement as below:
1. As far I know, all agreement should be now in RERA prescribed format , but this is not.
2. They, advertised, project to be completed withing two years, but in agreement, its written 36 months and may extend to another one year.
3. they told verbally the price is included with GST , but same not mentioned in agreement.
4. they did not mentioned possession will be done post getting Occupancy Certificate.
5. If single purchaser, accept his possession, so it will be considered as project completed within time.
6. if they wont get the electricity, water etc facility permission in time from gov still they can handover the possession with temporary /backup arrangement and cost to be borne by flat owners.
7. They mentioned, to provide the amenities, like swimming pool, tennis court, basketball court , kids play area , clubhouse, gym but in agreement only mentioned amenities , without specifying details.
8. They mentioned parking will have “usage right to one open/covered” not the ownership.
9. Terrace ownership will retain by builder.
10, undivided share they told verbally 30% of super built area but not specified in the agreement.
11. As per new RERA law, price to be based on carpet area , but everything is mentioned on basis of super built area.
12. Proposed building is commercial come residential building, where ground-2nd floor are for commercial and from 3rd its residential. So, its doubtful about the security of a gated community.