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Cancellation of flat booking & refund of money

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved 
Hi,
Need expert advise on following:
I had booked a flat with a builder & paide initial 4 payments as per construction plan & stages. After that i stopped payment & asked builder to cancel the flat & refund money after deduction 10% as per cagrrement signed.
He is not cancelling the booking & not refunding money since last 1.5 yrs.
What option do i have to get the money back.
Advocate. Arunagiri (Expert) 20 May 2011
Is there any cancellation clause in your agreement? If yes, you can demand for refund of the money. Send a notice. If needed go for civil case for recovery of money.
M/s. Y-not legal services (Expert) 20 May 2011
Yes. If there is any cancellation calumn in your agreement mean you can file a suit for claim your money as refund. Same time you didn't stated the entire fact. If there any default from your side mean the builder can file a specific performance suit against you..
Querist : Anonymous (Querist) 23 May 2011
Hi,
Thanks for quick response.

Contract is having a clause that" If i default the payment" then builder will cancel the allotment & deduct 10% earnest money.
I am not paying him since alst 1.5 yrs, as requested to cancel booking. But hae is not refunding money even after asking him to deduct 10% as per clause & refund balance money.

Are you talking about ant specific"Cancellation Clause"?

Thanks/ Br


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