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Cancellation of flat booking - after agreement


25-Sep-2023 (In Property Law)
Hi, I bought a property long time back in Greater Noida. Due to many reasons (delay in project delivery, size increase, no amenities, no inhabitance, unnecessary size increase etc) I want to cancel the property. I have old Buyer-Seller Agreement (BSA) Signed with the developer not the sale deed yet. I took a CLP plan and have paid almost 90% of the amount. I got a possession letter in April'19 & builder asked for the remaining 5% payment. I have plenty of mails exchanged to clarify queries and have asked relevant documents like OC, CC etc but builder haven't furnished it yet & are charging me 18% per annum interest since April'19. 1. I want to cancel unit 2. The forfeit non-refundable charges are unclear except earnest money of 10% 3. Builder is not furnishing proper documents for forfeit charges and no time frame to refund the remaining amount. Instead they are saying once the unit is sold then only they will refund the remaining amount. 4. Possession is forced Please help!
Answers (2)

Answer #1
672 votes
if you want to cancel the flat and want refund then in that case, builder is bound to refund the entire amount deposited by you along with interest, if there is delay on the part of the builder.
you can file a consumer case against the builder or even file a case at RERA asking the builder to refund.
kindly contact us for further details

Answer #2
526 votes
Hi I have seen your query carefully and found that you want to refund your amount from the builder but without examination of all the documents I am unable to give you proper advice and suggestion So first you should provide all the requisite information and documents for the proper advice. you can contact me without any hesitation through administrator of this website

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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