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Builder demanding flat cancellation charges at 10% amount is it legal


28-Mar-2023 (In Property Law)
Hi, I completed application form to book apartment with leading builder (Aparna Constructions) in Hyderabad and paid initial 1 Lakhs rupees around 2 years back. I changed my mind and didn't paid 20% required for booking completion or to proceed with Sales agreement. I clearly communicated over email my intention to not proceed and requested refund of Rs 1 Lakh; however they did not respond or refunded my money. Now after almost over 1.5 years; I got letter from them regarding cancellation of my booking and they are demanding 10% of apartment cost as cancellation charge which was under some clause in booking application. I need advice about next steps; I did't entered in Sales agreement or paid 20% to confirm booking next 30 days of application signing so what is my liability especially after over year based on plain application form (it is no legal stamped doc). -DA
Answers (1)

Answer #1
508 votes
Firstly, The advice which has to be rendered has to be done subject to looking at the copy of the booking application and other relevant documentation . secondly, i would strongly suggest you write a email to Aparna Constructions explaining them the facts along with dates. Thirdly, I would suggest you to approach District / State Consumer forum to get your refund.

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