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Booking Cancellation of apartment booked at pre launch Booking Cancellation of apartment booked at pre launch

3 years ago

We have booked an apartment at panvel Mumbai in pre lauch offer last week and paid 2lks as booking amount.
We have received only the allotment letter and not any agreement or sale deed is not yet made.
Now due to some personal emergency we want to cancel the booking and wanted the refund. But builder states the amount is non refundable. They have not mentioned about the terms and conditions of cancellation in the allotment letter. It says cancellation is based on terms and conditions.
They made us to sign a application form at the booking but we didn't receive any copy of same to recheck the terms. Now we are in a situation having no clue if our case stands for a refund as booking is made a week before

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
If there was no such clause in the agreement, they are bound to repay you. You can file a civil suit for money recovery and breach of contract.
If they do not comply, you can complain to the police for fraud and cheating under Sections 415 and 420 IPC.
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Anik

Responded 3 years ago

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A.Hi,
Serve them with legal notice to repay. If there was no such clause in the agreement, you can take up the issue in Court for breach of contract. You can also file a civil suit for money recovery.
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Mansi Batra

Responded 3 years ago

A.send a legal notice to the builder.
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