Your booking amount may get forfeited in the said case. Only if the possession is delayed then only you can claim refund of the same

Builder can deduct at most 10 percent of booking amount 

file complaint against builder before RERA and seek orders to direct builder to refund your money with interest 

- There is no guidelines laid down by the government to forfeit the booking amount for the cancellation, and the deduction is done at the builder’s discretion.

- Hence, legally, the builder cannot deduct any money out of the advance payment you have made for the booking till the time; a builder-buyer agreement is made and registered with the sub-registrar.

- Further, A builder-buyer agreement is not created until the buyer pays at least 10 per cent of the property value.

- Further, as per Real Estate Regulation Act (RERA), home-buyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Hence, if you have already paid 10 percent of the flat value, and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding  , and if the said agreement is registered , then builder has right to deduct booking amount from the paid amount. 

- If, builder not refunding the whole amount  ,then you should lodge your complaint before the Consumer court , and thereby prayed for the refund of paid amount with interest.

Builder can deduct Rs 37500 ie 10 of booking amount not Rs 2 lakhs 

if builder refuses to refund take legal proceedings against builder to recover your money 

If you cancel your flat now without builders fault and your financial issue the booking amount your paid will be forfeited and will not be refunded by builder to you as a penalty

Please read carefully and minutely all the clauses relating to booking amount and refund of the same from the Builder. 

According to refund clause in the agreement,Please issue a legal notice for demand of refund amount from the Builder. 

In case no response, Pl approach RERA authority to redress your grievances. 

If project is register with RERA than builder is entitle to deduct 10% of sale amount if cancellation is without builder fault. So cancel the booking imposing fault on builder. Don't expose your financial incapacity to cancel the allotment.

10% can be deducted, but he is deducting more so you can file a complaint against him in the consumer court 

1. On cancellation of a booking of  flat the seller/builder can deduct a token sum of money but the same can not be  forfeiture of whole sum of money.

2. If the developer forfeits the whole sum of money then it is a fit case when you can file a case before the consumer forum wherein you will get full refund along with enough damages

3. Before doing so send him a legal notice. 

If the brochure or your application states that they will deduct the amount in case of cancellation they can do so . 

Have you entered into a registered  agreement of sale with the builder?

Is there any condition for cancellation of booking and the deductions to be made.

You may first go through the clauses properly.

However if the deductions are exorbitant, you may issue a legal notice to the builder and approach RERA for relief.

As per RERA the builder cannot deduct more than 5%  of the booking amount if the buyer is cancelling the agreement

The one sided conditions in the agreement is not maintainable in law.

Recent supreme court judgment has come down heavily on the builder who refused to return the amount citing the conditions of the agreement.

You may even drag the builder to the consumer forum to get your grievances redressed.

The contract agreement between you and the builder would determine the amount that can be refunded.

Although he cannot deduct any unreasonable charges. You may go to the RERA TRIBUNAL and file a complaint against him.

1. You are cancelling because of your own inability to pay the amount, not due to any default on the part of the builder. Hence, the builder can debit cancellation charges to you in accordance with agreement.

2. The cancellation charges can be applied only if there is an agreement signed by you which provides for cancellation charges.

Please have a look of your application form for the booking of the apartment in case there is any for feature class then builder can use that clause while calculating the refund amount if there is nothing mentioned on the application form about the refund at the time of cancellation then you can complaint to the consumer forum in this regard to clean the entire amount legal fees and any compensation

The Builder  cannot deduct 2.00 lakhs as cancellation charges against your advance.

He is entitled to deduce only 10% on the advance paid.

Issue notice cancelling the booking and demand to refund balance amount after deducting 10% from advance.

If he fails, you can lodge complaint with RERA & file case before Consumer Forum seeking direction to refund the balance amount after deducting 10%, litigation charges and damages from Builder.

Builder has to deduct 10% on 3.75 lakhs i.e., 37500/- as cancellation charges and refund the balance amount.

If he refuses, you can initiate proceedings  as stated above.

Dear Sir,

He cannot say like that. You lodge complaint with the following authority.

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Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

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https://www.icrpc.org/icrpc.org.contact.htm

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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1.  See as per the agreement builder may deduct upto 10% of the booking amount. You may request the builder for deduction of the less amount.

See the terms and condition of agreement needs to perused to see the cancellation terms. The builder may deduct the amount.

if you cance a booking, builders will have to return your money within 45 days. If they don’t pay back, you can file a money suit claiming the rest amount along with compensation.. 

builder can deduct 10% of booking amount. 

if builder deduct more than 10% you can file complaint before RERA authority. 

if builder deduct more than 10% you can file complaint before RERA authority. 

1. Under RERA, builder is legally entitled to deduct 10% amount IF the Flat purchaser cancels booking for his personal reasons.

2. However, IF you prove some legal fault of builder (slow or improper or illegal construction etc .... ) THEN flat purchaser is entitled to full refund along with Interest.

3. For above, Flat Purchaser might have to file complaint before the local RERA office (bandra west) or local Consumer Court, with proper documentary evidences & witnesses.

Dear Sir,

You are suggested to find the fault in the  builder's work and tell the reason of withdrawal as fault of builder. Then the builder will not be able to deduct any amount. 

1. The deductions from booking amount depends on the agreement you signed with the builder at time of booking the flat.

2. You should go through the booking form or agreement which you have signed at time of booking, if deduction is mentioned in cancellation clause Then builder can deduct the amount legally.