Send notice to builder and impose breach on his part and claim refund.
If builder refused than appraoch RERA.
I booke flat in Maharashtra in Pune on Nov 2021 and agreement to sale deed done in May 2022. flat cost is 57 lakh and i paid Rs.50 lakh. possession date is December 2025. but from Nov 2021 builder still not completed any work. till date plinth or footing also not started. so in that case i want to cancel my agreement so in that case can builder deduct 10% against cancellation? and can i demand to builder interest against my amount which i paid him? is there any provision in MAHARERA? to get full money with interest?
Send notice to builder and impose breach on his part and claim refund.
If builder refused than appraoch RERA.
Does agreement for sake mention the construction to be done by builder till date
2) builder has time to complete construction till 2025
3) if he fails to hand over flat on due date then cancel booking and seek refund of money paid by you with interest
4) if you cancel now you won’t get full refund
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if till date nothing is done as per promise of the builder , then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- You can send a notice to the said builder for the cancellaiton of the booking and refund of the amount with interest
- If not refunded , then file a complaint before the consumer forum against the builder , and thereby also claim compensation for mental harassment.
You are cancelling the booking by yourself.
As per the agreement the builder will deduct 10% of the booking amount on cancellation of the sale agreement
For refund you may have to wait for the builder to return until h finds a new buyer to buy your property.
However this will not prevent you from issuing a legal notice to cancel the booking due to the reasons you rely upon and demand full refund of the amount with interest.
Let him give a reply after which you can decide about legal course of action on it
When you book a flat in Maharashtra, especially in cities like Pune, the builder's obligations and the rights of the purchaser are regulated by the Maharashtra Real Estate Regulatory Authority (MahaRERA) under the Real Estate (Regulation and Development) Act, 2016.
Remember, RERA provisions are designed to protect the interests of homebuyers and ensure transparency and accountability on the part of builders and developers.
Dear client, in Maharashtra, the Maharashtra Real Estate Regulatory Authority (MahaRERA) provides certain protections and guidelines for homebuyers in cases like the one you described. If the builder has not fulfilled their obligations as per the agreement and if you want to cancel the agreement, you may be entitled to a refund, and the builder may not be able to deduct 10% against cancellation.
Here are some steps you can consider:
Check the Agreement: Carefully review the sale agreement, especially the clauses related to cancellation, refund, and delay in possession. Builders cannot arbitrarily deduct amounts without a valid reason mentioned in the agreement.
File a Complaint with MahaRERA: If the builder has not met their commitments, you can consider filing a complaint with MahaRERA. They can mediate the issue and help resolve disputes between builders and buyers.
Interest on Delay: MahaRERA often imposes penalties on builders for project delays. Depending on the terms of your agreement and the extent of the delay, you may be entitled to interest on the amount you have paid.
Negotiate with the Builder: Before taking any legal action, you can also try to negotiate with the builder to reach an amicable solution, including a full refund of the amount you paid.