Builder Flat booked 50% paid but not able to pay the rest

I booked a Flat after getting the allotment through lottery in Feb'14. Subsequently paid about 50% of the mentioned cost over a period of one year by May'15. Due to severe financial constraint as I lost my job, could not pay the balance as demanded from time to time for over a year. Finally the allotment was cancelled by the builder in June'16 last and mentioned forfeiting of 15% of the cost of Flat and returning the balance as per the GTC signed by me. No money has been returned as yet as I have not yet agreed to the forfeiting amount. They have regretted the ability to reduce the forfeited amount in e-mail communications. Kindly advise on how to get the full refund or whether it is possible at all to get the same back.

Answers (1)

277 votes

To give you proper legal advice I need to see the executed agreement of sale. I need to see the terms and conditions specifically mentioned in it. If it was agreed that 15% of the cost of the flat would forfeited on cancellation then you are entitled only to rest of the amount. And if they are denying for that you can file a complaint in the consumer forum after serving a legal notice on them.

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