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I want to cancel booking of flat and want refund of my booking amount.
26-Feb-2023 (In Property Law)
I Booked flat in under construction RERA registered project, signed RFR (Right of First Refusal) document ONLY under pre launch scheme. On asking for receipt of my booking amount paid online directly from my account,I was said that I will be given acknowledge of the payment alongwith copy of RFR as soon as possible. Finally after frequent reminders by me, I got a mail and message from them regarding payment received and receipt will be sent shortly. I haven't received receipt yet nor copy of RFR. Just a mail and message from their side. Now when I have decided to cancel the booking , the sales executive mailed me stating that as per terms and conditions of RFR, booking amount will be forfeited. Can I get full refund of my booking amount? I haven't signed any other agreement. Can builder forfeit booking amount ONLY on the basis of RFR ?
Dear sir
If you are from Maharashtra state there is law called MOFA,as per the provision prescribed under MOFA no developer shall forfeit any of the booking amount to there allottee,but some time developers have make terms and conditions that after cancellation they may forfeit the certain amount,for this you should approach any lawyer 1st how has send one legal notice on your behalf ,if after this builder refuse to return your money back then you may approch consumer court for this
Helpful?
Adv. Manindra Pandey
Mumbai | 100+ Answers
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This is my response to you:
1. One will have to read the terms of RFR;
2. It looks like that the amount will be refunded;
3. But you will have to disclose all the correspondence and documents received by you from the builder;
4. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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