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How to cancel a flat when the possession is delayed
23-Jul-2023 (In Consumer Court Law)
We had booked a flat with one of the builder in Greater Noida (West). It's was possession was due 1 year back. As per RERA, it's possession is due in December 2018 but the construction of the project is yet not complete. We booked the flat under Sub-vension scheme. Now, we want to cancel the flat booking but there is no Cancellation Clause in our contract. Can anyone please suggest if we can cancel the flat and what implications we may have for that ? We are ready to pay the cancellation price.
If there is no any clause for cancellations for booking flat in said contract. But delay in possession than you can file a suit in rera or you can file a complaint in consumer court. You hav full right to get you money back if builder not give possession on timely.
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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Hello! You have option cancel the contract as an important stipulation of the contract has been in violation. You don't have to pay any cancellation fee in this connection as there was no such clause in the instrument. If you are willing to know about procedure, contact me.
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Adv. Yogesh Kumar Sant
Varanasi / Banaras | 25+ Answers
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There ought to have been a cancellation clause in this agreement and just because there isn't any, does not imply that you cannot cancel your booking. Send a legal notice to your builder and seen full refund of your dues since he has defaulted in handing over the possession on time. On non-compliance with the legal notice, approach RERA.
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Subvention Schemes were banned by RBI on 3rd September, 2013. These schemes were re-launched with slight tweaking of payment being linked to Construction Linked Plan but basic nature was retained. You must have observed that Housing Finance Companies are taking lead to promote such schemes as they are not governed by RBI. In few cases, bulk payment is released upfront to the builder by HFC’s so that builder promote Home Loan of that particular HFC.
Therefore the agreement by the builder should be challenged and a legal notice should be sent to him to ensure payment.
Regards
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Adv. Rahul Mishra
Lucknow | 100+ Answers
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There need not be any cancellation clause in the agreement. It is the discretion of the purchaser to cancel the allotment. However usually the builder forfeits certain amount and the remaining amount is refunded to the purchaser. You can directly approach the builder and request for cancellation of booking through representation.
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Adv. Arjun Krishna
Lucknow | 25+ Answers
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