Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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karthik Bhat   24 May 2023

Builder sent cancellation notice and wants to forfeit booking amount


I live in Gurgaon and have recently booked a flat from a reputed builder. I have paid the booking amount of around 10 lacs even before RERA was allotted as expression of interest. Since then builder have received RERA and have sent BBA for signing. I have also received one notice earlier mentioning that if I do not sign BBA before given time they will cancel the booking and forfeit the amount. 

Till now they haven't given me receipt of the 10lacs which I transferred and also I had few doubts certain clauses in BBA for which I was in touch with the builder CRM team but they were very slow in responding. On receiving the notice, I immediately responded to them mentioning that I need clarification and for that there was no response for long time until I escalated the issue to their MD. Post that I received an email from them to visit their office. I went to there office on around 7th of May and discussed all queries in person. They told me to send another email so their team can respond. Their team finally responded on 20th may after many follow ups. Today (on 24th of May), they have sent an email saying since I haven't signed BBA they are cancelling my booking and forfeiting entire amount of Rs 10 lac. 

I am going to speak to them again tomorrow and wanted to know if they are right in doing so and if not what legal recourse I have? Any help will be really appreciated.


 3 Replies

Sidhhi   25 May 2023

Builders are crooked minded bunch of people and one has to be over cautious in dealing with them. In this case they just can't foreit the money as you have raised justifiable queries and have not refused to sign BBA.

Now that you are stuck do engage a lawyer to file complaint against them in consumer forum for recovery of money with interest.
1 Like

Real Soul.... (LEGAL)     25 May 2023

Reply the Notice of cancellation and state in Notice that the BBA is not yet finalized and still the negotiations are going on. If they still  refused  then you have to file a suit for specific performance.

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 May 2023

You can issue a legal notice to the builder venting out all your grievances and demand rectification of the problems of concern within a stipulated time period.

If there is no response from them, you may file a  case before conumer commission for deficiency in service and demand refund of booking amount with interest and compensation for the mental agony they created to you by this.


1 Like

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