Complaint to be filed

Dear Aditya,

Yes a Promoter can cancel the allotment but only in terms of the agreement for sale which means that as per the terms of the sale agreement, if there are circumstances that empowers the promoter to cancel the sale agreement, then yes the promoter can. (For Example delay in payment)

The Buyer can always challenge the cancellation by approaching the Authority on grounds that the cancellation is not in accordance with terms of the agreement for sale, the cancellation is unilateral and without sufficient cause.

Please refer to Section 11(5) of the RERA Act 2016.

Please note that cancellation can only be due to defaults made by the buyer and not due to any fault on part of promoter or inability to complete project.

Regards

Meenakshi Sakhare

What are the facts? What is the context?

Originally posted by : Aditya Panikkar
	Can a Promoter file a Complaint against an Allottee before RERA Authority under the RERA Act to directi the Alottee to cancel the Agreement for Sale and collect the refund amount from the Promoter?

What is your locus standi / concern to the facts of case ?

What is the reason for the builder to cancel allotment arbitrarily ?

What are the terms and conditions of Agreement to sell qua cancellation applicable to builder?

It is better to consult a local prudent lawyer with relevant records for analyses of facts, professional advise and necessary proceeding.