Want to cancel my booking
I am from pune. I want to cancel the booked flat. I booked this flat in month of Agust 2016. I called to builder regarding same but their sale team manger saying that if I cancelled the flat now then I have to 24 % of intrest on whole amount (Total amount is 35 Lacs). I booked flat with the 1 Lacs as a token ammount. I didnt made any legal procedure till date (i.e. registration) So is there any chance that I can get my money back without paying 24% of intrest ? Please suggest any way out as I am so confused. Thanks in advance.
check and read your agreement copy what it say in the case of cancellation if no such information about 24% etc go to consumer court and file a case also file a case for 420
There might be some written receipt of token given by builder against your booking amount. Hence, the terms and conditions if any written on the same needs to be checked if on small font ...Else u can approach consumer forum
If there is a clause which expressly mentions that in the case of cancellation 24 % interest has to be paid, (generally mentioned on the back of receipt or contract as terms and conditions) then, you cannot get the amount back without paying the interest. But if there is no clause as such you can get the amount back without paying the interest.
You are also covered under the definition of Consumer and for deficiency for service by the Agent or sales team you can file a case under Section 12 of the Consumer protection for the compensation and Secondly for filing the Recovery Suit you can file under Order XXXVII of Civil Procedure Code, 1908 and Section 16 (c) of the Specific Relief Act.
Researcher: Jayant Garg
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