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How can i proceed for cancellation of Booked Flat


01-Dec-2023 (In Property Law)
I booked a flat which was under construction and paid 10 L as booking amount and upon reading the draft agreement was not comfortable for lot many point and since the builder was nor ready to change clauses hence proceeded with the cancellation. As per the booking form it was written that 1L will be in case cancellation is made after booking. No agreement has been initiated as of yet and its been 1 month since i made a request for cancellation and now the builder says he will refund the amount excluding 1L + tax chalans which has not been refunded by the government. Can i get the 1 L amount back which he has deducted for booking cancellation, also is the tax chalans amount refunded back to the buyer only after they are refunded by the government ?
Answers (2)

Answer #1
947 votes
Please give legal notice to builder to refund the complete amount of booking as the contract of purchas is cancelled because of his stringent agreement and in case of non receipt of total refund of the booking amount you can approach District Consumer Forum and file the complaint.
Answer #2
974 votes
Dear Sir/Madam,
If you have agreed under the allotment letter that in case of cancellation an amount of Rs 1,00,000/- would be deducted along with the applicable service tax and vat, then you are bound by the same also the builder is right in saying that the taxes which have already paid against your booking will only be refunded on refund from the government. Feel free to get in touch for any further assistance.

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