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 wherein on cancellation notice seller is supposed to refund full amount within 15 days notice or deduct 4% after 15 days motice. Now, date of refund is not mentioned in agreement,
now
a) question is can buyer exercise cancellation clause within 15 days and ask for refund? Is the buyer legally entitled for refund even wihout agreement?
b) if seller refuses to acccept reason for cancellation and does not refund money, can buyer demand the same from court ?
c) when court sees that state of mind is not clear of buyer and he has exercised cancellation clause so fast after agreememt and payment, can court reject buyers claim for refund?
d) in this dispute scenario, is there a possibility that buyer do not get bak any money at all ?
