Mahesh Pandey 24 January 2020

Cancellation of Sale Agreement

I want to cancel Booking of my flat due to deviation in construction (As per plan-963 Sq ft and actual size 1260 Sq ft.)
However, there is clause in sale deed that in case of cancellation of booking 30% deposited amount will be forfeited.
I want to know whether it is possible to sue the promoter since there is a lapse on his part i.e deviation in construction.

Reply Follow

Quick Summary

If your property's actual size deviates significantly from the planned size, you may be able to cancel your sale agreement. Even if the agreement states a forfeiture of the deposit, you might be able to sue the promoter for this lapse. If the project has more than 8 flats, you can approach the Real Estate Regulation Authority (RERA) for a full refund due to the builder's default. Alternatively, sending a legal notice and escalating to the consumer forum is also an option.

3 Replies

Sakthivelu Ramanujam 24 January 2020

hi sir, if your promoter's project consists of more than 8 flats you can approach Real estate regulation authority(Rera) . he should refund your amount fully in case of any default on his part.

Adv Deepak Joshi +917017821512 (Advocate) 24 January 2020

it there is default from builder side then you are eligible for full refund on cancellation

Rupin Dhama 25 January 2020

send a legal notice and if they deny your request go to the consumer forum and file a complaint against them.

For Free legal advice or more information contact us on whatsapp 9999121211 or facebook on rupin.lawjunction@gmail.com or email us on info.lawjunction@gmail.com