Jayanti Devi (Student) 20 December 2024
Buyer has executed sale agreement for purchaing a flat and paid 30% advance in a partial payment plan schedule. now, sale agreement has a cancellation clause where in on cancellation notice seller is supposed to refund after deducting 4% as liquidated damages. no other deduction is mentioned in the cancellation clause.
a) does seller have the right to deduct anything beyond 4% by showing any other losses ?
b) how many days seller can delay in refunding after receiving cancellation notice?
Dr. J C Vashista (Advocate ) 20 December 2024
Q 1 No.
Q 2 Can not be predicted as to how much the builder intend to delay refund.
T. Kalaiselvan, Advocate (Advocate) 20 December 2024
1. Even though the clause is clear if the vendor decides to deduct more amount he may unnecessarily delay refund forcing you to negotiate for a higher deduction in order to return the amount expeditiously.
However if the sale agreement was by a registered document you can enforce it through law if in case the seller plays mischief.
2. If a particular time is not stipulated then you may have to put pressure on the vendor for refund.
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