Remedies available as per rera

Sankarlal Agrawalla (Querist) 15 June 2026 This query is : Resolved
I booked a flat. Paid to builder 40% of the flat cost. Requested the builder to register AFS to clear balance dues 60% by obtaining home loan. Builder non acted on my request. He cancelled my allotment siting reason of non payment and forfeited 10% of flat amount, GST amount and overdue interest. Subsequently sold my flat to another buyer by registering AFS to enjoy the appreciation value of the flat. What remedies available to me in getting my flat back?

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Quick Summary

If a builder has unfairly cancelled your flat booking, forfeited your payments, and resold the property, you may have legal recourse. It's crucial to consult a local advocate to review your documents, including any agreement for sale and proof of payment. They can advise on the best course of action, which could involve pursuing a case through consumer court or RERA to get your flat back.

kavksatyanarayana (Expert) 16 June 2026
Did you and the builder execute any agreement, or was it only oral? How did you pay the 40% flat cost, either through bank checks, any transfer or by cash? You consult a local advocate to file a civil case against the builder.

Dr. J C Vashista (Expert) 17 June 2026
Some deeper issues are involved in your query such as execution of Builder Buyer Agreement, mode of payment of 40% of consideration amount, issuance of receipts for money paid and terms of payment of balance of consideration etc. etc.
It would be appropriate to show relevant documents to a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

P. Venu (Expert) 18 June 2026
Had you signed the agreement for sale? if so, what are the conditions therein? Is it required to be registered, in accordance with the prevalent laws? What is the timeline involved?

T. Kalaiselvan, Advocate (Expert) 21 June 2026
You have not come out with background facts in this regard.
The builder will not and cannot take any such action unilaterally without giving any notice to you or following the legal process.
If you are looking remedy and relief through legal sources, then you may first consult an experienced lawyer in the local instead of doing everything on your own without knowing the legal procedures, after that you can follow it through consumer court or RERA based on the prevailing circumstances at your end.

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