Real Estate (Regulation and Development) Act, 2016 is going to complete a year and people are still skeptical about the implementation of the provisions of the act. One of the vital point which was not covered under the provisions of RERA was the refund of the booking amount as on the basis of same the home-buyer can’t get the status of an allottee as per Section 2(d) of the RERA Act and for the maintainability of the case a complainant should be an allottee.
Lately, the Maharashtra Real Estate Regulatory Authority in its ruling shed some light on the refund of booking amount as in its order the authority directed the developer to give back the amount of Rs 1 lakh which was paid as a booking sum by the home-buyer.
The complainant, Sanjiv Gill had booked a studio level in ‘UK Iridium’ at Kandivali East. The booking amount was paid on May 28, 2017, and 4 months later on he asked for the refund of the amount which he had paid at the time of booking, the Developer didn’t give any response to his cancellation request and finally, the complainant had to knock the door of RERA Authority.
In hearing proceeding the legal representative of the developers said that this case is not maintainable as per the provisions of the RERA as there is no section regarding the refund of booking amount.
He also made a statement that the complainant doesn’t have the status of allottee as per Sec 2(d) of the RERA Act and also no Builder-Buyer was not executed between the parties so on the basis of the same, the advocate of the developer plead before the authority to reject the complaint outrightly.
The RERA bench of Maharashtra after observing the submissions of both the sides said that the developer had violated the Section 3 of the RERA Act as he accepted the booking amount before taking registration of the project with MAHARERA and this action is void ab initio. As per Section 3 of the act “No person shall sell or book the flat, make any purchase in any manner, any plot, apartment or building in any real estate project without registering the project with RERA,”
The MAHARERA Authority eventually made an order where the clear directions have been given to the builder to refund the booking amount of Rs. 1 lakh and simultaneously he has to pay Rs. 50,000/- as a penalty to violate the section 3 of the RERA Act.
In the light of the above we can reach to the outcome that even if the Builder-Buyer agreement is not executed and the complainant is not falling under the definition of an allottee, he may still approach RERA Authority to seek for the legal remedy. Although seeking for the recourse as per the act also depends upon the facts and circumstances of the case.
Disclaimer – The above points are based on the personal interpretation and understanding of the RERA rulings, which may differ person to person. The readers are expected to take expert opinion before placing reliance on it.
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Dear Sir, I am facing the similar situation. can you please send me copy of the order or a link to it on my email ID – rrd1991@gmail.com. It would be of great help. Thanks.
Dear Rohan, please send your facts at rera@centrik.in
Hello,
I have bought a house in Sobha dream acres project. I want to cancel the property and the property is under tera. I am not sure about my booking amount. I have paid an initial payment of 610000 Rs, and it states in my ledger that this was towards land cost. And if I am not wrong rera clearly mentions that builder can keep booking amount. If I cancel now, will I loose my initial payment money?
Please mail us at rera@centrik.in so that we can reply based on the facts.
I have booked the apartment in Sobha Dream Acres Bangalore with booking amount 90k in FEB 20 this year. Next day I realized that they are hiding some facts about the property related to corridor. Then I have cancelled the booking next day by verbally telling on call and also by sending them a mail of booking cancellation. Now it have been 5 months and i yet to get my refund even after I am following them in a regular basis. They are only telling that they will refund as per company policy.But seems like they are taking matter seriously. They also keep giving me fake commitments every time I call. Please help me as I need money immediately as I am suffering in a financial crisis issue. I heard that in RERA compliance, builder should refund the amount in next 45 days of booking cancellation but in my case it already have been 5 months.Also they told they will not refund full money i.e 90k. They will only refund 40k.I am not sure why they are deducting 50k rs. Now as it have been 5 months of suffering , I am seeking some penalty too on the builder to keep holding my hard earn money. Please help me and suggest if it is possible to get refund earliest. Attached are the payments done at the time booking.
Please mail the complete issue at rera@centrik.in
Hi , did u get refund from build ? let me know
Did you get any response ?
I have booked A flat in Sethia imperial avenue d( Sethia infrastructures)& given 200000/- as booking amount but due to financial crisis in want to cancel it.no buyer- builder agreement made yet.can I get refund of my booking amount of Rs 200000/-
The amount of refund shall depend on the terms and conditions signed between you and builder.
I have also same problem. How can I check the terms & conditions?
Hi,
I am facing similar problem. What is your status ?
@K R RANJAN. HAD ALSO BOOKED IN SETHIA IMPERIAL AVENUE. I MADE CANCELLATION. PLEASE CALL ME ON TO TALK IN DETAIL
I have booked and registered a flat in a complex of 7 Tower 500 flats from a reputed builder in Kolkata (under WB RERA) which will be completed on Oct 2022
During booking they have mentioned that they will be flexible regarding payments. On Jan 2020 I have booked a flat price ( 38 Lakh)with 4 Lakh on initial which was at level 6 and told me to keep making payment till the completion of the project but after few weeks they send me a demand of 16 Lakh as they mentioned that the tower is, on completion of 9 floor. till Sept I managed to pay total of 10 Lakh but now again I have received another demand of total due 21 lakh as it has completed 14th flr.
Builder is now asking me to pay interest from the first day of the booking till the last demand sent to me as he has mentioned the clause of interest on late payment but during the time of booking they were flexible with everything and have never mentioned about the current payment demands.
Due to pandemic I have lost my job and now unable to get loan.
The builder has sent me final cancellation letter so that they can deduct my Booking amount.
Please everyone suggest me and help me with your advice.
Sir we booked a apartment in Omaxe new Chandigrh, as we moved back from Canada , as we don’t have income prove in India. That why bank rejected loan, but buider lies at the time of booking they’ll get the loans done . Now we’re asking our booking account back there saying they will deduct money. Can you please guide us how get our money back.
Dear, we need to get through the facts, please send the allotment letter or BBA at rera@centrik.in or call our expert at 8383011629
Hello
I booked a Flat with a Builder, 6 lacs as first Booking amount and gave the cheques for Booking amount 2 & 3 for after a months time. Later four days my banker refused to sanction loan. I understood that won’t be able to get loan and initiated cancellation after 10 days after application/First booking amount and mentioned in writing not to produce my another two cheques and issued stop payment.
The builder got finance team and they kept hanging the case mentioning they are getting the loan done for me from HFDL. Asked to submit my documents to Bank. After some time that too got denied. After crossing the Booking dates, The Builder sent notices mentioning all amount are fortified. No Refund.
Please help should i go to RERA office to file complaint ? or Consumer forum ? or directly to Court ?
I’m reachable at
Thank you
Yes, based on the preliminary facts, you can file case before RERA. You can even file case under IBC. However the final advise would be based the final facts.
Hello
I booked a Flat with a Builder, 6 lacs as first Booking amount and gave the cheques for Booking amount 2 & 3 for after a months time. Later four days my banker refused to sanction loan. I understood that won’t be able to get loan and initiated cancellation after 10 days after application/First booking amount and mentioned in writing not to produce my another two cheques and issued stop payment.
The builder got finance team and they kept hanging the case mentioning they are getting the loan done for me from HFDL. Asked to submit my documents to Bank. After some time that too got denied. After crossing the Booking dates, The Builder sent notices mentioning all amount are fortified. No Refund.
Please help should i go to RERA office to file complaint ? or Consumer forum or directly to Court ?
Thank you
The only option you have now, is RERA, which is quick, easy and specific for such issues. For more details please mail us at rera@centrik.in
Dear Sir,
I have booked a flat and paid booking amount of RS. 4 lakh for it. I have neither completed any agreement for sale nor signed any other documents. I have cancelled my booking because bank is not given loan due to some legal issue with property. Then I cancelled my booking and builder returned my money after deduction of GST which is nearly 43000. Same flat which I have booked is sold out within few days to another customer by builder. Now I wish to know that whether I am eligible to get GST amount back or not? If yes then what is the procedure to get it. Logically it should be refundable because how can a builder take GST two times for same flat.
Kindly guide me.
As per GST regulations, if any sale/transaction is cancelled the GST payable shall be reversed. Hence based on the primary facts, you are eligible for GST refund.
How to get GST refund….? What would be the procedure…? Could you guide & share any link to ponkumar11@gmail.com…
My father and mother have booked a shop in an upcoming mall named core mall by paying 4lakhs through cheque for unit amounting RS 26 lakhs (24lakhs bsp and 2lakhs other charges) by signing a booking form on 1st sep 2017. My father died next month in an sudden cardiac arrest on 13 Nov and we approached the builders narrating our financial crisis for processing our cancellation. The cheque was encashed by the builder on 30 nav even when they were aware dat we need cancellation and refund. We were told to write an email regarding cancellation. We kept asking for email address which was given to us after continuous pursuation after a delay of three months. We wrote many mails and finally received a response after two months that we need to process cancellation in paper. No terms and conditions were explained and it was informed we shall get the entire amount after 90 days of processing the application. We trusted them and waited in which the builder said he can give only 30% of the money as remaining 70%is with rera escrow account for which he has sent our file to Rera and rera will give them the permission only after which they will refund. We told the builders to process the complete u amount for refund and not 30%as the builder was it giving this in writing.We kept waiting for an year but nothing happened. On meeting the manging director directly we were informed that booking form says 15% of the earnest money will be deducted but no terms were mentioned other den this.. no builder-buyer agreement was ever signed disclosing the details terms and conditions.
My family is in trauma and financial crises after my father’s demise.
I need to know
1. What legal options do I have under rera
2.why builder was insisting on refund of 30% initially
3.does a file goes to Rera for cancellation
4. He basic selling price was 24lakh but how much will be the booking amount is not mentioned. We paid 4lakhs which is 16%od bsp yet no agreement was processed.
5. Wat is an earnest money in discase Is it15% of the money paid as advance or 15 %of the total shop value that me may not refund.
6. Ours is family emergency can we get the entire money refunded
Please put your complete at rera@centrik.in
Hello Sir. I am planning to buy a property under-construction at Jee and Vee Infrastructure – Om trimurti Project, Goregaon east, Mumbai. I have no knowledge as to what documents need to be checked and how to get the assurity that the project is genuine and that there will be no problem as i will be investing my hard earn money. This will be my only property. Can you please help as to what all things should i verify and how should i make the payment. what is ur advice
Hi Binali, Did u book the flat at Om trimurti?
SIR,CAN I GET A JUDGEMENT COPY PLEASE.
I’m cancelling my shop from a RERA registers commercial project.
My GST will refund or not
Please put your complete query at support@centrik.in
Hi I have booked flat at Mumbai and given 2 lac as booking amount. The project is Rera Resgistered. But now I have read google reviews of that builder and i came to know that he has cheated the customers in past. So now I don’t want to goahead. Can I get my booking amount back. In the application form it is mentioned that amount is non refundable
It shall be governed by the allotment letter or Agreement to Sale respective of the flat.
Hi
I booked the falt at palawa dombivali with booking amount 50000 ?
now i want to cancle the flat .. please guide for same
will builder return my money or not , if yes then how much ??
Sir, i had booked one flat at a Maharera Registered Developer’s project at Pune in August 2018 & given Amount Rs 10 Lakh through Cheque as Token, builder has not given Receipt. But after 10 Days of it I cancelled Booking in writing with acknowlegdment by builder, because it is seen that some facts mentioned in Builders Broacher & also design shown in website by Builder on which i rely are not there in actual Project. Also i met with an financial crisis. Builder firm’s MD though agreed to refund me amount but till date not returned it. He is not receiving calls. What is the remedy.
YOu have option to go to RERA or file case before NCLT under IBC, depending upon the facts and available documents
I have paid advance booking of RS 50000 at Mahindra happiness phalgar with no receipt given to me .I had cancelled the booking later and asked for the refund initially they told me that you submit the cancel cheque and your adhar card the payment will be done but not after three months they called me to Thier office and told me it is against the company policy and money will not be refunded.please guide is it worth to complain in RERA to get the refund amount or is it waste of time
Dear Sir, I have booked 1bhk flat with Omkar builder under subvension scheme. I was assured that if anything goes wrong then i will get my refund 100.%. My loan eligibility is confirmed but i am not able to get POA as per bank loan requirement. I currently staying in Mauritius. i have paid 5.84lacs ,my hard earn money. Now sales department is telling me if POA goesnt get sorted then the booking amount of my flat will be forfited. This POA issue is ongoing from 9 months. I did booking in sept.18. Please guide and helpme to recover my money from builder.
Thanks &Regards,
Prashant oza.
Dear Sir, I have booked 1bhk flat with Omkar builder under subvension scheme. I was assured that if anything goes wrong then i will get my refund 100.%. My loan eligibility is confirmed but i am not able to get POA as per bank loan requirement. I currently staying in Mauritius. i have paid 5.84lacs ,my hard earn money. Now sales department is telling me if POA goesnt get sorted then the booking amount of my flat will be forfited. This POA issue is ongoing from 9 months. I did booking in sept.18. Please guide and helpme to recover my money from builder. Thanks &Regards, Prashant oza.
you can take up this case with respective RERA.
Dear sir
I booked flat on 12th of Feb 2019 in kb Residency bangalore bommasandra. I have given 3 lacks as my booking amount. Then I applied for loan. Now few days back I got to know the original document of the Apartment has been lost by the builder and he logged FIR for that. Apart of that he is not given the right information about occupancy certificate also. He told he filed for that but he is not sure wen it will come. Should I go ahead or I should cancel the booking. Will I face any issue in future? Sir if I cancel the booking am I eligible for the refund amount of booking? Cause these mess is coming from builder end he hidden all this info in the time of booking.
Sir , I booked a flat with Wadhwa group at Wadhwa pristine Matunga , Unser construction project , in jan 2019, possession expected by 2021 , for 4.05 cr with booking amt of 5 lacs as I expected my mahim flat to sell for 4 cr. But govt audit got valuation for 2 cr only , as it’s 50 yr old bldg, so am unable to fulfil payment and wish to withdraw. But Wadhwa team not responding. Can you help please and guide further. No document or receipt recd for the chq payment. Only expression of interest given by self and acknowledgment recd.
Hello Sir – I booked a flat at Aparna Zenith in Hyderabad on 31st March 2019 and paid a token amount of Rs. 1 lakh and had signed the allotment letter. Later I decided to cancel the flat booking on 9th April 2019 and informed the same to the builder and called and mailed the same asking for refund. Now after a month I am being told amount is not refundable as per RERA act. Kindly advise on how can I get my booking amount of Rs. 1 lakh back. Thank you.
It depends upon the terms and conditions. If the builder is holding against the promise, you can file case with RERA
Hello
I had booked a 1 BHK flat with a developer in Borivali, Mumbai in Subvention scheme but since Subvention scheme has been banned by NHB, I requested the developer to return us the booking amount as my financial situation is not such that I can go for CLP payment option.
After conveying this orally and also putting up a mail to the developer there has been no response, infact the developer is insisting on continuing the deal and it’s assuring Subvention through Axis Bank but he is not giving anything in writing and if we cancel the deal he is not returning the booking amount of Rs. 378,320/-.
We can advise only after receiving the brief summary
Hi Sir,
i have booked a flat days before and paid 3laks advance payment to builder but while doing BBA i got to know that they are charging for common area also hence, i want to cancel this deal, can you please suggest me will builder refund my entire money and generally how much time they take to do so.
I planned to purchase the flat in XYZ under subvention scheme, The scheme was stopped by RBI in the month of July 2019. Even before signing the agreement we dropped a mail and reconfirmed the availability of subvention scheme. After reconfirmation i signed the agreement. Soon the agreement signed, they dropped a mail saying that the subvention scheme is no longer available. Instead the builder gave an option saying that the customer will get refund of the amount deducted, once he shares the paid EMI statement. However we are not happy with the option and we do not want to continue. Also, we paid 6 Lacs and as per the agreement we will not get the refund. In this case can we fight to get the refund, as we have got a confirmation mail on availability of subvention scheme before the agreement?
there are different kind of Subvention scheme, please drop us mail at rera@centrik.in
Hi Sir, I booked a flat and paid Rs. 50000 before builder buyer agreement. They took my signature in an application form without filling the detail and then they said that they will send me the complete form but after realizing that I made a huge mistake I wrote an Email to cancel my booking and request to refund my booking amount but the promoter and builder refused to refund. Is there any way I can get my hard earned money refunded.
I applied and booked for a 2 B.H.K. flat in Shirse , Akurle, Karjat (West), Raigad, Maharashtra, in Prelaunch scheme through Indiabulls Distribution Services Limited on 31/03/2016. I paid the booking amount 48000 Rs. . I paid all this amount through cheques. I have receipts of amount given. And applied for loan with Indiabulls housing finance , which got declined.
They suggested me to cancel the booking and apply for refund. I applied for refund and cancellation in June 2016 as per their rule and they promised to refund in two months with applicable interest 7 % in this case. I submitted all the details to them.
But it is almost three year has passed they have not refunded any money. Every time I ask they excuse they don’t have fund and refund process will begin in 2 months.
I am fed up with all this. Please advise what should I do in this situation to get my hard earned money back ? Should I wait or file a case? How should I file the case? Please advise
Dear sir,
I was Booked flat before 5 month and paid Rs 6,05,000 but due to pending bank APF number the flat agreement is not done. Bank is not giving APF number to builder because the flat site work is stopped. And due all the above issues I want to cancel my booking and want my amount 6,05,000 which I already paid to builder.so please suggest me.
Dear Sir/Madam,
I Mrs.vaishali more, had book 1 bhk with godrej nest on 27th Oct 2019 .Where in we find it difficult to pay them further payment.We are asking them to pay back our booking amount which they refuse to pay.We went to their head office at vikhroli east they said money submitted to RERA.
Kindly guide us.
Regards,
Ms.Vaishali
pls mail us at rera@centrik.in or 8383011629
Dear sir,
I filed a case against builder for refund of money through UPRERA and after various hearings,court gave decision in my favour that builder has to refund the amount.But it has been 1.5 month but till date i have not received official notice from UPRERA that how much amount will be refunded and by what time.What could be tha reason of delay from UPRERA and what can i do about it?
I have booked a flat in NoidaExtension in july-2019 for which ,50K of amount has been paid by me as booking amount. After builder had started to process my home loan(80% of total cost) from GIC and in end of Aug-2019 , they assured me that your home loan is near to approved & asked me to deposit remainning 20% down payment(around 5L) which I paid through internet banking .GIC also collected some blank cheque and 10K amount(processing fees and other charges) along with my personal docs from me. Now in sept-2019 ,Builder’s staff told me that your loan is not approved which caused me to ask them to refund my amount back .In start of Oct-2019 , builder’s staffs told me that they would refund whole amount in 3 months i.e. end of december 2019. After passing more than 3 months , their staff had given me 3 post dated cheques from different bank account whereas I had deposited in another bank account given by builder in jan with great difficulties for 3 different subsequent months. Now first cheque has bounced with insufficient funds.There was no agreement signed b/w me & builder
I have booked 1BHK 2 flats in sunteck Maxworld in naigaon east. I have given the booking amount of 2% to the cost of the Agreement value of the flat. I have also given Stamp duty and registration fees of 6% for each flat. Till now the flat is not registered. Now i want to cancel the booking due to personal emeregency. please suggest the refund value
Pls send your query at support@centrik.in or call us at +91-8448487143
I have booked 1BHK flats in sunteck Maxworld in naigaon east. I have given the booking amount of 5% to the cost of the Agreement value of the flat. Now i want to cancel the booking due to covid -19. please suggest the refund policy.
Hi Sir,
I have made 2 booking in mahindra happinest project in maharashtra but due to covid 19 i am thinking of cancelling one of them as it would be difficult now to pay emi of both. So requested my builder to cancel one of them (booked in feb 2020) but they are not reverting on it and sending me intimation mail of nxt installment.What action or step i should take now ?? Would rera consider the covid 19 situation??
Sir,
I have purchased a property in Pune (Godrej Boulevard) in the month of March’ 2020 just before COVID-19 where i have paid booking amount of 3 Lacs to Godrej Properties. Due to COVID-19 Pandemic crisis, i have lost my job & i have sent an email for cancellation of my flat booking request to Godrej & ask for 100% refund. My RM (relationship Manager) is saying the entire amount will be forfeited (will not be refunded) although i did not sign any agreement nor receive BBA from the developer. Please help me how to claim my booking amount from Godrej Properties.
Thanks for your suggestions in Advance.