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Flat Cancellation : Sheth Avante by Sheth Emami Group, Mumbai

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Flat Cancellation : Sheth Avante by Sheth Emami Group, Mumbai

Last updated: August 25 2015
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  • Flat Cancellation : Sheth Avante by Sheth Emami Group, Mumbai

    Hi Guys, I need some help on legal issues. I booked a 2 bhk flat in Sheth Avante by Sheth Emami Group on 23 May 2015 with booking amount of rs 2.5 lacs. Later expecting a job loss, I sent them an email on 26 June that i may have to cancel the flat. I had to resign later in 1st week of July and sent an email for cancellation and asked for refund with some penality if they want. The builder is not returning a single penny and saying it was already convened. The booking form was not given to me and they say that holding charges won't be refunded. I have a booking receipt of 2.5lacs. The project was pre-launch and does not have CC or IOD as of now. What are the options i have now? any advice on this will be very helful.
  • #2

    #2

    Re : Flat Cancellation : Sheth Avante by Sheth Emami Group, Mumbai

    Was there any such clause in the booking form, that you remember, which mentions that the same is not refundable? Any transaction form/ contract, a copy shall be made available to the other party by law. Ask them thru a lawyer to provide a copy. Then carefully examine if you have agreed any such clause in that form. If not, send them a notice to refund the payment else go to police for the same.

    Also take care of any timeline given for IOD/CC etc in the booking form.

    BTW, as far as I know, any pre-launch booking is officially illegal and you can take re-course of them selling flats illegally. So lawyer may be able to help you with some commission (pay him 20% or so as commission instead of a flat fee).

    FYI.. an article that clearly mentions illegality of pre-launch

    http://www.moneylife.in/article/are-...gal/31143.html
    Last edited August 25 2015, 02:48 PM.

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