Response

First, you will have to send a legal notice to the builder mention that you want to cancel the booking and want refund of the booking amount as you won’t be able to pay further amount. If the builder agrees then you won’t have to do anything. If the builder doesn’t agree to cancel the booking and doesn’t refund you the amount then you will have the option to file a complaint in the Consumer Court and if the project is governed by the Real Estate (Regulation and Development) Act, 2016 (Rera Act), the buyer can file a complaint with the concerned authority (like MahaRera in Maharashtra). It is upto you to decide in which court you will have to file the complaint against the builder. In a recent judgement the Thane District Consumer Redressal Forum has asked Lodha group to refund 90% of the amount paid by a customer to book a flat in their project, along with a compensation of Rs 25,000 as legal expenses.

To seek remedy and compensation for the damages it will be better to file a case in the District Consumer Forum which has the jurisdiction of the area where the project is situated.Usually, the builder would deduct 10% of the booking amount and refund the balance,” said Kaul. From a legal perspective, the cancellation and refund clause of your agreement will dictate what you can get back and what you might have to forfeit. ÒThe buyer has the right to demand a refund of the depos

Reference: Section 2(47) of the Consumer Protection Act,2019

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