Cancelation registration of flat

903 votes

You can cancel the transaction only if there is any fault of the Developer not otherwise.

If the developer has given any misleading information through the brochure or earlier allotment letter or in the agreement which is to be registered

Advocate Aniket Nerurkar LawRato

823 votes

It all depends on the termination clause in your registered agreement for sale (if executed) and if not executed then termination clause as appearing your Allotment Letter (if issued) and if even Allotment Letter is not issued then, terms and conditions of your booking form and/or booking letter.

Now normally, the cancellation charges levied by a builder is 5% of the Totaly Consideration and therefore they either attempt to forfeit such amount or any other amount that has been available with then if the total paid amount is less than such percentage.

However, you can always contest the claim of builder's attempt to levy such cancellation on numerous grounds but in the present circumstances, you can take the recourse of change of circumstances due to covid-19. Moreover, as the Central Government has recently classified such pandemic event as a force majeure event, you can take its shelter and proceed with cancellation of your booking/allotment.

Please note that this ofcourse generic advise, more specific advise can be only be given once documents executed by you with the builders are perused thoroughly since as you may aware each case has its own merits.

Advocate Aditya Deolekar LawRato