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Cancellation of flat due to delay in possession
17-Jun-2023 (In Property Law)
Hi,
I booked a flat in April 2017 and the promised possesion date was in September 2019. But due to some reasons possession got delayed. I have paid booking amount of Rs 25000 and paid the amount required for stamp duty and registration. I got a home loan also with no emi till possession scheme, which ended in Nov 2019. Builder withdrew 35% of approved loan amount.
Now I want to cancel the flat, will I get the amount I paid for stam duty and registration. Will I get refund of amount I paid towards home loan after end of subvention (no emi till possession) scheme. And will I get interest on the said amount. Please guide me.
This is my response to you:
1. You will have to share documents;
2. There has to be discussion of information regarding the agreement;
3. Firstly issue legal notice;
4. If RERA registered then compliant can be filed to RERA;
5. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Hi,
If they have not acted as per their commitment in your agreement, you have the right to sue them and claim compensation from them. You can ask for the refund of your amount along with interest. You can claim
The stamp duty and registration charges from the builder. You would need to send the builder a legal notice regarding this. Let me know if you need any help
to draft a legal notice for you after reviewing your agreement. Thanks !
Helpful?
Adv. Priya Bhutada
Nashik | 50+ Answers
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