Cancellation charges in rera or dtcp
Victor
(Querist) 04 July 2024
This query is : Resolved
A property promoter is selling the open plot in Hyderabad neighboring district. And says in farm land (agriculture), the plot number in sale deed will not be mentioned. however he can give mutation & NALA conversion document from concerned authority with cost . He further justifies that for any farm land in the registered sale deed at SRO esp surrounding Hyderabad , the plot numbers are not mentioned only the neighbors names are mentioned to the East,west,sout,north directions & it is a practice by all property developers. The plot numbers given in the layout are internal to his company & to buyers in that layout & SRO (sub registrar officer) is not concerned.
In this not able to get his logic or on what basis he got such rule.So asked to refund the amount paid for which he is charging 20% and refund period would be more than 6 months. So far there is no agreement of sale is executed , its only the receipts obtained for the advance amount paid.
Now the question is how much cancellation fees is to be charged by developer/promoter & timelines as per the govt norms or RERA or any insight?
T. Kalaiselvan, Advocate
(Expert) 04 July 2024
In the absence of sale agreement the developer cannot charge any amount towards cancellation charges.
You issue a legal notice intimating him about the flaws in his side and inform him that since it is not feasible to purchase the proeprty without any clarity about the title you are no more interested hence to refund the booking amount failing to refund within the stipulated time you may may approach court with a suit for recovery of the same with interest.
This will not fall within the RERA jurisdiction hence you may have to approach the civil court
