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UMy father (who has schizophrenia) paid a ₹51,000 booking amount on December 23, 2024, for a ready-to-move flat. A week later, he paid an additional ₹5 lakhs as requested by the builder for the registry. He received a receipt with the builder’s signature and flat number, but no formal agreement was signed.
However, my father developed a paranoia that there is black magic happening on the lower floors of the building and now refuses to buy the flat.
On February 8, we asked the builder to cancel the booking. The discussion has been civil so far, and the builder seems understanding, but when we inquired about the refund amount and timeline, he said he could only tell us once the flat is sold to someone else. It’s been weeks, and there’s still no clear answer.
Since no formal agreement was signed, what are my options under MahaRERA? Can the builder legally delay the refund, and how much can they deduct? How can I recover the money?
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HDid you receive allotment letter with full details of the flat like flat no., area etc.? Also, are you purchasing a new flat directly from the builder or is it 2nd hand?
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HAre you communicating with the builder in writing or is it all verbal? Is the receipt given by the builder a proper document and does it mention the total value of the Flat? Also, was the payment made in cash or through bank?
You can file your complaint in the consumer court or RERA. In Maharashtra, the amount of permissible deduction in case of cancellation by buyer is up to 2% of the total value of the flat.
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UThe communication was only verbal, as the builder mentioned that he would get back to us with the total amount, deductions, and timeline, but he hasn’t provided any specific details yet.
The receipt contains a serial number, flat address, amount paid, transaction number, bank name, and the builder’s signature.
The payment was made online and was sent to the MahaRERA linked bank account.
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HHow did you guys invest money without knowing the total amount payable for the flat? 🧐
Write a letter / email to the developer intimating that you want to cancel the arrangement and request a refund. Don’t rely on oral communications as they are hard to prove and don’t have much evidentiary value in courts. Create some paper trail and then proceed with filing case against the developer in RERA or Consumer Court.
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