Builder can forfeit booking amount if you cancel the booking 

you can file complaint against builder before RERA or consumer forum if you so desire and seek refund of booking amount but chances of recovery are bleak 

- 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, Since, you have paid only 5 percent of the flat value, then it is clear that there is not agreement registered from 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 booking agreement for not refunding. 

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

- Better issue a legal demand notice before filing the complaint . 

As your amount has not been refunded by the company you have the option to complaint in consumer forum for refund of the entire amount as well as interest for the period at the same date that they are charging to their own customers legal charges and compensation for mental harassment.

You may not get any relief from rera in case you go to the rera and it is time taking as well because in most of the cases the company will approach tribunal in case it lost the case at the RERA.

Time limit for filing a consumer complaint for refund of money or advances from a builder is only 2 years. My advice to you is to immediately proceed to file the consumer complaint against the builder and not waste any more precious time. Don't wait any more.

Send him a legal notice first through an advocate and thereafter file the complaint in consumer forum.

Hello,

1. If there is a specific clause in the agreement about cancellation and refund, you can compel the  seller/builder to refund the amount to you as they are anmy way liable or the refund.
2. You must get a legal notice issued to the builder for immediately refunding the amount advanced with 2 years interest.
3. If he fails to pay, you can file a suit for recovery of the  amount with interest.

A complaint must be filed in the RERA TRIBUNAL IMMEDIATELY.

If you reside in Lucknow then the online court hearings are going on and hence you should file a complaint against the builder.

Don't wait for them anymore. 

Immediately file a case before the consumer forum wherein you would get both refund along with interest and damages for harassment caused to you. 

You need to complaint to rera or consumer court for the same

Send legal notice for refund with interest. If not refunded, file consumer complaint.

Please legal notice for refund of advance payment paid for booking and cancelled subsequently. 

In case No refund, file recovery suit based on documents you have with you.

1. Under RERA, builder is legally entitled to deduct 10% amount, IF buyer cancels booking without any reasons.

2. However Buyer is entitled to receive back the paid amounts with interest, IF buyer proves that Builder has delayed or doing illegal construction or improper material etc....

3. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Serve them with a legal notice and than file a complaint against them in the consumer court 

Hello, 

You should them a legal notice and then file a case before RERA. 

Let me know if I can be of any help to you. 

Regards 

You can send them them a legal notice demanding your amount with interest. 

Send them a legal notice seeking refund.

Prefer a police complaint for fraud.

If the legal notice and the Police complaint fails to help. approach RERA/Consumer Court. 

1. Serve a lawyer's notice to them immediately to seek refund.

2. If refund is still not made within the time given in the legal notice then you can sue the builder in the Consumer Forum to seek refund with compensation.

You first issue a legal notice demanding the return of booking amount giving a period of time to return the same. 

After that you can file a suit for recovery of money in the civil court or consumer forum. 

Engage a advocate and issue legal demand notice and after receipt of the notice the builder do not refund you the balance amount. You can thru the advocate file a consumer complaint and ask reliefs of refund of money with interest and compensation for mental stress given to you by builder. 

If your request is not honored and refund is not made, you need to issue legal notice demand refund of money.

Failing to refund after notice, you can file case before Consumer Forum claiming your money, damages, interest and also litigation expenses.

The refund could be made after deducting cancellation charges, check this point.

Send them a legal notice and if they dont refund the money file a case in the consumer commission.

Regards