surrender my flat

Q: dear Sir, i book a flat in neemrana by Avalon builders but the project is very delay and i have paid 40% payment., Now i want to surrender this flat, Can i surrender this? what is the rule regarding this. One more thing i have not signed the agrement yet?

manu, Hisar

12th October 2016

Legal in Avalon Ridgeview, NH-8, Neemrana

delay project

cancellation of booking of flat

how to cancel my flat booking?

avalon ridge view neemrana

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Replies (4)

Thanx Bhuvan and Srishti, i will go through the application form and receipts..

manu, Hisar

13th October 2016

Comment

Hi friend!!
In case there is no agreement, there must be a receipt, application form or allotment letter which will have the terms and conditions of cancelling an amount. If there is no such clause, such letter/receipt can be used in court while asking for refund of the amount

Abhinandsavalla, Mumbai

13th October 2016

Comment

I am agree with you Abhi but if the project has been delayed or has not started for a long time, buyers can ask for a complete refund. However, buyers must know that if they have paid stamp duty, registration charges, service tax and VAT, it will not be returned in case of cancellation.

Bhuvan, Delhi-NCR

13th October 2016

Hi,
A) In my opinion, you have signed the application form at the time of flat booking and there are any hidden terms and conditions mentioned in the backside of the Booking Form. Kindly recheck your application form or receipt. Usually, Terms and Conditions of the documents will stand. However, if any hidden terms and conditions, there are no possibilities of payment of stamp duty on the hidden terms and conditions.
B) Secondly, you can put a mail or send a legal notice to the builder by claiming the 40% paid amount then the builder will be replied back by mentioning the percentage of deduction amount.
C) Subsequently, you can move a Consumer Court under deficiency in the Service and unfair trade practice.

Bhuvan, Delhi-NCR

13th October 2016

Comment

Hi Manu!!
1) You must have been given a receipt by builder for 40% payment .
2) The receipt must be mentioning terms and conditions.
3) Send an email to builder that you want to cancel the booking and request builder to refund the paid amount.
4) Let builder mention in writing that what % of paid amount would be cancellation amount.
5) Accept deduction under protest .
6) Then move consumer forum against builder for refund of balance amount with interest if the builder is not ready to pay the full amount.

Srishti, Gurgaon

13th October 2016

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