Builder refusing to refund our booking amount. What can be done?

A renowned Gurgaon builder is refusing to cancel / refund our booking amount and not even giving us a copy of the LOI agreement that we had signed while buying the property from them. Now we have some financial constraints and are unable to pay the next EMI and when we approached their office we were told that we cannot cancel and the entire 15% booking amount of 20 Lacs paid by us will be forfeited.

We want to cancel and can pay some penalty but not the entire 20 Lacs. What should we do now?

Answers (1)

166 votes

It depends on the terms of the Agreement. Such Agreements generally provide for a clause whereby in case the booking is cancelled then a percentage of the amount is deducted as penalty and the rest is refunded.

You need to try and procure the LOI / Agreement and based on the terms can you claim the money.

Once you are able to get a copy of the Agreement, a recovery suit can be filed for the recovery of the amount.

Kindly contact us for any further details and action.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles