Refund from token amount

I had booked a property with one of reputed builder, with 51K has booking amount. I had accident very next day and fractured my right hand and needed operation after 15 days. Since, i wont be able to meet the time schedule of builder, i asked him to cancel the booking. Now builder is saying he cannot refund the booking amount as he has deduct 10% in case of cancellation as per signed application form. same is mentioned in price sheet and not in application form which is signed by me. Can i get a refund in such case.