Refund of booking amount paid before executing agreement for sale
I paid 10% of booking amount to Godrej Properties on a project in Bangalore, only after that the builder provided copies of title deeds and legal opinion and draft agreement for sale. The draft agreement for sale was not in line with RERA approved format and had many clauses in violation of RERA. Many clauses were heavily loaded in favour of the builder.
Immediately, I refused to sign the agreement for sale and demanded cancellation and refund. I had raised major points of deviations from RERA approved format. However, the builder didn't respond to specific points but insisted that the format they used is RERA approved and declined to refund and insisted on my signing the agreement.
Major deviations were:
1. Buyer to take possession of apartment within 15 days of notice from the builder (RERA approved format says minimum 60 days)
2. No mention about undivided share in project land and common areas. What is mentioned is "Right to use the Common Areas, Facilities and Amenities as described in Schedule D in common with other residents of the Project and any future development of the developer in the Schedule A property and / or in lands adjacent to or near the project Land.
3. Car parking space is not identified. Only number of car parking space allotted is mentioned which is not specifically identified.
4. Under the warranties of the promoter it is mentioned that "There are no litigations pending before any Court of law with respect to the Project land or the Project except those disclosed in the title report and the RERA website". However, the title report says that the lawyers have not verified whether there are any pending litigations.
There are many other deviations on the "interest to be paid to the buyer for delays in handing over", "buyer agrees to the right of the builder to do additional constructions, transfer ownership etc".
Please advise the legal position viv-a-vis RERA Act and Rules on such forfeiting by the builder and the legal remedy for the allottee. I had signed the allotment letter which also contained a clause of non-refund of booking amount in case of cancellation by the allottee.
Even though I had asked for the copies of title deeds and draft agreement for sale before paying 10% booking amount, builder insisted on my paying the booking amount to provide the same. I came to know of the anomalies only after receiving the same.