Practice area
Cancellation of allotment and forfeiture of booking amount
Disputes over cancellation of allotments, forfeiture of earnest money and one-sided cancellation clauses.
Promoters sometimes cancel allotments and forfeit large parts of the amount paid, often citing delay in payments by the buyer. Under the RERA Act, a promoter can cancel an allotment only in accordance with the agreement for sale, and an allottee who is aggrieved by a cancellation that is not in line with the agreement can approach the Authority.
What this work involves
- Reviewing the cancellation notice, the agreement and the history of demands and payments
- Challenging wrongful cancellation and seeking restoration or refund
- Challenging excessive forfeiture of booking amount and earnest money
- Disputes about interest on delayed payments, which the Act applies on the same basis to both promoter and allottee
- Advice to buyers who wish to exit a project and to promoters who face payment defaults
- Complaints before K-RERA and appeals before the REAT
Frequently asked questions
Can a builder forfeit my booking amount?
Only in accordance with the agreement, and the amount must be reasonable. A one-sided or excessive forfeiture clause can be challenged before the Authority.
Can I cancel my booking and get a refund?
If the promoter has defaulted, such as by delay, Section 18 gives a right to a refund with interest. In other cases, the agreement's terms and the law on reasonable forfeiture apply.
Related reading
Appealing a K-RERA order before the Karnataka REAT: time limit and the 30% deposit
How appeals to the Karnataka Real Estate Appellate Tribunal work, including the 60-day limit and the pre-deposit promoters must make.
K-RERA procedureHow to file a K-RERA complaint: a step-by-step guide for homebuyers
A practical walkthrough of filing a complaint before the Karnataka Real Estate Regulatory Authority, from documents to hearing to recovery.
Delayed possessionRefund or possession? Your rights under Section 18 of RERA when a builder delays
What Section 18 of the RERA Act gives an allottee when possession is delayed, and how the refund and interest options differ.