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abhi (sw engg)     30 August 2023

Greater noida refund against flat booking cancellation before bba is signed

I've booked a flat in Noida and have paid 10% amount to the builders account.

Only booking form is filled till date. In which only the customer details and pricing details pages are signed. Pages mentioning terms and conditions are not signed by me.
Also Builder Buyer Aggreement is not signed yet.

Now because the requested loan amount is not sanctioned and a lower loan amount is offered  by the bank due to my eligibility.

Due to which I have no other option but to cancel the booking.

Now the builder is saying that 10% booking amount will be forfeited.

What should I do? Am I supposed to get the booking amount as refund from builder in the absence of builder Buyer agreement or not in my case?



Learning

 12 Replies

Real Soul.... (LEGAL)     30 August 2023

what are the terms in case of cancellation, that will apply. SInce you have signed booking form there will be conditions for booking and cancellation too, that will govern. If there are no such conditions then you can file consumer complaint for return of booking money

abhi (sw engg)     30 August 2023

So even in booking form Pages mentioning terms and conditions are not signed by me I'm bounded by their terms and conditions 

 

anubhav Bhatt   30 August 2023

If not signed, then you should fight for that for more clarification you may contact us then I'll explain properly about your case.
1 Like

abhi (sw engg)     30 August 2023

Thanks sir, I've asked their sales person/agent to check and update, I'll contact you after getting their reply 

Dr. J C Vashista (Advocate and Legal Consultant)     30 August 2023

Contact and consult a local prudent lawyer with relevant records, since you did not sign BBA you are not liable for forfeture of earnest money.

1 Like

T. Kalaiselvan, Advocate (Advocate)     31 August 2023

This is not a sale agreement but just a customer details form, in which there are no conditions if the person booking the flat has to pay any percentage amount towards cancellation or withdrawal.

If the builder is not returning then you can approach consumer forum claiming refund as well as for compensation due to deficiency in service

1 Like

Hardeep (Business)     31 August 2023

You may have a valid case. But look at what you did sign carefully.

Also consider carefully the costs however if both parties go to court. Whatever any may say, justice costs time and money.

For possible options you may contact.

 

1 Like

vasantharao venkatarao (Independent professional )     31 August 2023

The terms of cancellation is going to govern the forfeiture or otherwise of the booking amount . Pl look into this aspect and accordingly proceed

P. Venu (Advocate)     18 November 2023

No one is entitled for unearned benefit. The builder liable to return the advance, less the expenses he has incurred.

abhi (sw engg)     19 November 2023

As the first step Have filed for conciliation in UP Rera and waiting for conciliation Date confirmation from UP Rera.

Hoping for the best as-

Only customer details pages of booking form were signed the other pages having terms and condition were not signed by me.

Builder didn't signed/stamped the booking form too.

No allotment or sale letter was issued by the builder. 

And BBA was never made/signed.

Any tips for rera conciliation hearing?

Thanks,

gyani srivastava   19 November 2023

Good to file a case later if conciliation fails 

abhi (sw engg)     19 November 2023

As the first step Have filed for conciliation in UP Rera and waiting for conciliation Date confirmation from UP Rera.

Hoping for the best as-

Only customer details pages of booking form were signed the other pages having terms and condition were not signed by me. So the booking brochure was partially filled.

Builder didn't signed/stamped the booking form too.

No allotment or sale letter was issued by the builder. 

And BBA was never made/signed.

Will proceed to official complaint in rera if conciliation fails.

Even in the worst case let the UP Rera make it on the record that a partially filled and signed booking form is legally binding on the buyer and builder is not liable to return to token/booking amount. So that any such decision can be used for similar cases in future.

Any tips for rera conciliation hearing?

Thanks,


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