I booked the flat by paying 10 percent to builder
8 months ago
Hi,
I booked the flat by paying 10% to builder but they shared allotment later with wrong value which was not agreed. After raising concern, they promised to rectify the value and also promised to the other 2 conditions of written confirmation of early handover and restructure of payment. This conditions were shared on the email with builder. But they didnt approve or provide update, based on the 1 week time, I sent another email mentioning about failure to provide update and dont feel confident to proceed and asked full refund. This all happened within 15 days of allotment letter.
Now, builder refund team is delaying the refund and stating 20% cancellation charge. Kindly advice if this is legally correct to charge me the cancellation fee and what should I do.
If the housing project is registered under RERA, then before payment and receipt of booking money against the flat, an Agreement to Sell is required to be executed between the Purchaser and the Developer u/s.13 of RERA Act, 2016. The allottee shall have the right to cancel/withdraw his allotment in the project as provided in the Act, provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation,” says the Real Estate (Regulation & Development) Act, 2016. The condition and charges for cancellation of booking or allotment is also provided in the said Agreement. In case the Promoter charges higher than the specified limit as mentioned in the ATS, then you need to lodge a complaint against the Promoter for deficiency in service and unfair trade practice before the Adjudicating Officer of RERA for redressal of your grievance. However, in case the project is not registered under RERA, then you can file a complaint against the Promoter before the Consumer Court claiming a refund of advance /booking money along with compensation for harassment. The complaints need to be filed within 2 years from the date of cause of action.
If the cancellation charge is stated in the booking terms, you have no remedy. However, if the builder is coming up with such terms as per his own discretion, please file a complaint under section 35 of the Consumer Protection Act in the consumer disputes redressal forum for claiming damages and the refund
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