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.

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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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