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Forfeiting of booking amount by builder before executing AFS


18-Nov-2023 (In Property Law)
I paid 10% of booking amount to Godrej Properties on a project in Bangalore, only after that the builder provided copies of title deeds and legal opinion and draft agreement for sale. I had signed allotment letter. The draft agreement for sale was not in line with RERA approved format and had many clauses in violation of RERA. Many clauses were heavily loaded in favour of the builder. nnImmediately, I refused to sign the agreement for sale and demanded cancellation and refund. I had raised major points of deviations from RERA approved format. However, the builder didn't respond to specific points but insisted that the format they used is RERA approved and declined to refund and insisted on my signing the agreementPlease advise the legal position viv-a-vis RERA Act and Rules on such forfeiting by the builder and the legal remedy for the allottee. I had signed the allotment letter which also contained a clause of non-refund of booking amount in case of cancellation by the allottee.
Answers (2)

Answer #1
784 votes
okay u understand your questions so you are desided to cancel the Rera approved property like Godrej property right so now you are asked to refund of the amount what you paid but till they not return so how you made a transaction between The builders that is important so in that ground you have to take a legal action againest them so do you need any legal help contact me thank you
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Answer #2
615 votes
What were the clauses that were in violation of RERA is to be shared. What were the points that you are uncomfortable with is also to be shared.
It will be difficult to advice on incomplete details.
You can also share the pdf of the allotment letter if you have.
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