Cancellation of flat after paying booking amt.

Q: Respected Sir,

I am here to consult an issue that i am in. I have booked a flat in a flat scheme named Mirabillis in Bangalore and booked the flat from the Owners share (Dinesh Ranka Associates). I am moving abroad and since i need money to process my Visa and cover other expenses i cannot afford to continue this flat any further.

As of now i have only paid the booking amount and the Agreement date was scheduled in 1st week next month i.e. Oct 2016. I have presented my request to Dinesh Ranka Associates requesting to refund my money however they have mentioned over an email that the advance is not refundable.

I initially signed a form that has basic information about the society and the cheque's details that i gave. This agreement wasnt registered. it was just a form that i signed.

upon reading the terms and conditions, it says that Cancellation fees will be 5% of the total sale value.

My question is,

1) How do i proceed from there?
2) does a non registered form signed by me can make me liable to pay the 5% cancellation fee?
3) Does the builder stand any grounds in not returning me the Advance i paid, as they claim?

Regards,
Saurabh

Saurabh Roy,

26th September 2016

Builder Review in Horamavu, Bangalore

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Replies (3)

One of my acquaintance had pre-booked a 3BHK flat in this project and he's very disappointed with the builder and the management team is very unresponsive. He had to cancel the booking because even after his prepayment the project did not have approvals even after 6 months from the payment and asked for a refund. Despite following up with them multiple times they were un-accommodative but somehow he finally got the refund. Even other projects of Kolte Patil are facing some or the other issue, hence one should be very cautious before investing in Kolte Patil's project. http://www.propsurf.com/Property/Kolte-Patil-Mirabilis/2938
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Jigna Maheshwari,

5th October 2016

Comment

There is a very good article written about the things you should know while cancelling an apartment booking https://www.commonfloor.com/guide/5-things-to-know-when-cancelling-an-apartment-booking-50445.html

Rakesh, Bangalore

27th September 2016

Comment

Generally, cancellation charge is part of the sale agreement and is deducted basis it. However, if the builder is refusing to pay you back the booking amount even after the presence of clause in the agreement, you can file case in consumer forum asking for refund with interest. But before everything you should consult a legal expert.

Abhilasha, Bangalore

27th September 2016

Comment

PropKeep provides a great platform to its users to build strong and private social network with their neighborhood. Through this app, the members can create their profile, connect with other members, and share details about meetings and celebrations and ultimately build a strong bond among communities. You can install this app at https://play.google.com/store/apps/details?id=com.app.societymain&utm_source=android.downloadatoz.com

PropKeep, Delhi

3rd November 2016