Plot cancellation - I have booked a plot in panvel Plot cancellation - I have booked a plot in panvel

8 months ago

I have booked a plot in panvel by paying 10% and then loan didn't sanctioned but we are trying from private firms now the builder is asking for the late payment charges and interest can you suggest if I want to cancel the booking will I get refund because the plot is not registered ayet

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
As per the provisions of the Real Estate (R & D) Act, 2016, a Builder cannot take booking money from the buyer before executing an Agreement for a Sale of any property. An Agreement for Sale governs all the transactions and matters related to the property.. In the absence of any written documents expressing your entitlement to getting back your booking money on cancellation of booking within the specified time, you even cannot file a suit for specific performance against the Builder for claiming a refund of your booking money. So, on denial of your claim for refund of booking money on cancellation of booking, you may escalate the matter before the RERA even it is not a registered project failing wihich you can represent your grievance against the Builder before the Dist. Consumer Council constituted under Consumer Protection Act, 2019 and headed by the Dist. Magistrate for protection of interest of the aggrieved consumer.
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Anik

Responded 8 months ago

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A.Dear client,
The builder is bound by the law to return the money collected from buyers within 45 days after deducting the booking amount.
In case the builder refuses to give back the booking amount you may approach consumer forum to seek relief.
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