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Builder is deducting 10% in account to cancel the booking
25-Jan-2023 (In Property Law)
I blocked a flat by paying Rs 900000. Then I have gone for a legal document verification, my advocate asked some more supporting document for the property, as replay of that , whatever document has submitted by the builder was not convinced by my legal adviser, so he suggested me to cancel the booking . I have cancelled the booking, now builder is ready to pay my booking amount by deducting 10% + service change + VAT. Can I get my complete amount back without deducting any amount?
Yes. Definitely you are bound for return of entire amount.if the builder refuses to pay you can file a police complaint as well send a legal notice intimating future legal action.Have you signed any Agreement or proposal form beforehand?
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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You can file suit for getting entire amount back and with interest. Consult me to filing suit for recovering the entire money back . builder has to suffer, why he has taken book and what about the interest rate on that amount? Consult please.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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Ideally if the builder is unable to provide all or any requested documents and this non failure to provide documents during legal verification, then such a situation will warrant a cancellation, in such circumstances, the builder is bound to legally refund the entire amount received by him, in some cases with interest at a nominal rate.
If your builder is contemplating deducting 10% from out of the advance amount along with Service charges he is doing so illegally, you can question this decision and claim for full refund without any deduction/s
If your builder is contemplating deducting 10% from out of the advance amount along with Service charges he is doing so illegally, you can question this decision and claim for full refund without any deduction/s
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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Yes, you are entitled to get your full refund if the documentation is not complete for which the builder is responsible. However, a lot will depend upon the documents signed before/at the time of making the booking/payment. You should consult a lawyer with all available documents.
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