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On cancellation builders are liable to cut 10% of advance amount paid
12-Jan-2023 (In Consumer Court Law)
I have booked a flat for 37 lacs by paying one lac as booking amount.later transferred 7 lacs to cover 20 % of flat cost.Sale agreement was done. Now for some reasons I want to cancel the flat. When I checked the Sale Agreement.There is a clause stating that If i want to cancel they will deduct 10% of advance amount (THis is on a stamp paper).When I contacted the builder for the same they say that 10% of flat cost will be deducted as this is the same listed under terms & conditions of booking form that I have filled while booking the flat. Let me know which one is considered as legal. Thanks
However, if the builder is delaying the start of construction inordinately and there is no likely hood of construction of flat in any near future i.e., it appears that there is going to be an inordinate delay in completion of construction and also there is no reasonable or justifiable explanation, you may drag the builder to the consumer forum after cancelling the booking and for full refund with interest along with costs for compensating mental agony too.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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