Hello sir, the money that they are imposing , was it mentioned in the builder buyer agreement ? Any extra or unjust charges levelled by builder can be waived off through court .. Kinldy elaborate the what additional chargers is he asking ? You can aaproach consumer forum to challenge the charges...

There is no guideline for refunds of earnest money and most builder insist that once you have signed the sale agreement, you are legally bound to follow it.

As per courts, in some of the cases builders are right in deducting the booking amount in the event of cancellation. Legal standing on forfeiture of Earnest Money varies from case to case.

So ,better to approach the Consumer court of your jurisdiction for yours refunds on the ground of deficiency of services rendered by the builder as he has charged you huge money.

The Builder cannot import any illegal amounton the buyer if the Builder buyer agreement is not supporting that class any amount which is imposed out of the agreement is contestable and you need to approach to consumer forum Gurgaon at the direction before moving to the court please go through your agreement with the builder for the amount which may be asked at the time of possession the area difference and any other charges which is not classified in the agreement.

The forfeiture clause in itself is not illegal in itself. However the terms of the agreement involving forfeiture clause must not be unconscionable.

Blanket forfeiture of 10% without any reason ir justification behind this not sustainable.

Hence if you don't get full refund you should consider filing a case before the consumer forum.

Terms of contract are sacrosanct

2) if you fail to pay balance amount and cancel the agreement earnest money would be forfeited

3) best option is to find a buyer fir your under construction flat and sell it with consent of builder

Hello,

Why are they claiming such huge amount of money. There is flaw on their part or on your part. Possession is being given on time?

If it is their fault and you want to cancel the allotment then send them a notice mentioning the same.

You can later file a case in the consumer forum.

Is there any provision of BBA which is in your favor?

Kindly give a detailed answers to these questions for a concrete advise.

Regards

1. If the builder has illegally imposed penalty on you demanding huge payment, at the time of taking possession of the flat, you should file a complaint case before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming refund of the entire amount paid by you with interest if he does not want to handover possession of the flat without illegally charging the said penalty, damage and cost.

2. File the said case with in 2 years from the date of his charging the said penalty illegally or from the date of your being aggrieved on him for any of his act.

You should have made an evaluation of your financial resources before the agreement. Now that BBA has been executed it ranks sacrosanct. The builder will be entitled to deduct 10% in terms of the agreement.

1.Normally both parties are bound by terms of agreement.

2. You have already agreed to forgo 10% of advance amount paid.

3. If the builder is claiming huge amount you may resist it and also seek a verdict from a civil court in that regard.

Show me BBA. IS the project registered with RERA.

Schedule of payment and later raised without notice.

If you have entered into a registered sale agreement then you are bound by the conditions therein.

Even now if you do not want to continue with the booking, you may communicate your decision by sending a notice by registered post and demand the refund of the booking amount.

Let the builder give a reply stating the deductions therein.

You can challenge the same legally if it is an exorbitant charge and also against the agreed conditions of sale.