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Cancellation of Flat booking. How to proceed on it ?
28-Apr-2023 (In Consumer Court Law)
I've booked a flat by paying 19% during pre-launch. In the document signed no mention of building completion is there, but verbally promised to complete by Dec 18. Also on internet this was stated. I've also done email communications on this and they have confirmed they would stick to the committed time frame. Now builder is saying completion by 2021. I've written to builder requesting cancellation and refund of money paid. But no reply on that. As per document signed during booking, on cancellation they would deduct 5 lakhs. But since the cancellation is due to delay on builder's part, can I claim full refund?
Yes! It is very common for builders to delay the project and deduct a cancellation charge, usually 10 percent of the cost of the apartment, before refunding the booking amount. Apart from this charge, any government tax paid by the buyer such as stamp duty, VAT or service tax will also be deducted from the refund and there are no guidelines laid down by the government the deduction is done at the builder’s discretion and some builders might even waive it off in some cases.
It is best to seek legal counsel if you are planning to cancel an apartment booking to avoid any glitches later on. A legal expert will be able to help you out with the whole procedure and ensure that you get refunded what you deserve and nothing less. Canceling an apartment booking involves several official formalities which a layman might not be well-versed with. Just sending an email to the builder requesting a cancellation is not the best way to go about it.
A lawyer can help you out with all written correspondence as well as with filing a complaint in case you feel your rights have been denied in any way. The best way is to file a consumer complaint which is result oriented and you can handle on your own or file a money recovery suit.
It is best to seek legal counsel if you are planning to cancel an apartment booking to avoid any glitches later on. A legal expert will be able to help you out with the whole procedure and ensure that you get refunded what you deserve and nothing less. Canceling an apartment booking involves several official formalities which a layman might not be well-versed with. Just sending an email to the builder requesting a cancellation is not the best way to go about it.
A lawyer can help you out with all written correspondence as well as with filing a complaint in case you feel your rights have been denied in any way. The best way is to file a consumer complaint which is result oriented and you can handle on your own or file a money recovery suit.
Helpful?
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Adv. Mirza Faizan Assad
Bangalore | 25+ Answers
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Since you have email communications you have evidence that construction would be finished during thr time frame also the website would suffice. However as regards to refund we can claim full though i would need to look at the agreement signed to read the clauses and terms as regards to the entire agreement
Helpful?
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Adv. Siddhesh Chaugule
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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