I booked a flat for ₹35 lakhs, paying ₹1 lakh as a booking amount. I later transferred ₹7 lakhs to cover 20% of the flat cost. The sale agreement was signed. However, I now need to cancel the flat due to personal reasons. The sale agreement has a clause stating a 10% deduction of the advance amount upon cancellation, which is mentioned on a stamp paper. However, the builder claims that 10% of the flat cost will be deducted based on the terms and conditions of the booking form I filled. Which clause is legally binding in this situation?

Apni Law
Apni Law
Law Forum › Category: Consumer Court › I booked a flat for ₹35 lakhs, paying ₹1 lakh as a booking amount. I later transferred ₹7 lakhs to cover 20% of the flat cost. The sale agreement was signed. However, I now need to cancel the flat due to personal reasons. The sale agreement has a clause stating a 10% deduction of the advance amount upon cancellation, which is mentioned on a stamp paper. However, the builder claims that 10% of the flat cost will be deducted based on the terms and conditions of the booking form I filled. Which clause is legally binding in this situation?
Vote Up
181
Vote Down
Apni Law Staff asked 8 months ago

I booked a flat for ₹35 lakhs, paying ₹1 lakh as a booking amount. I later transferred ₹7 lakhs to cover 20% of the flat cost. The sale agreement was signed. However, I now need to cancel the flat due to personal reasons. The sale agreement has a clause stating a 10% deduction of the advance amount upon cancellation, which is mentioned on a stamp paper. However, the builder claims that 10% of the flat cost will be deducted based on the terms and conditions of the booking form I filled. Which clause is legally binding in this situation?

1 Answers
Vote Up
19
Vote Down

Best Answer

Apni Law Staff answered 8 months ago

The clause in the sale agreement signed on a stamp paper is legally binding, taking precedence over the booking form’s terms. The sale agreement, being a legally recognized document, supersedes earlier agreements like the booking form. The builder’s claim is not valid in this case.

You Might Also Like

I invested in the Homested Sohna Sector 215 project about two years ago. The project was soft launched, and I paid ₹9.5 lakhs for a 2 BHK apartment. However, the project hasn’t officially launched yet. Homested says they will refund my money without interest and provide a post-dated check four months after submitting my refund application. This means I’ll have to wait another six months to get my money back. Is it possible for me to get my money refunded with interest? Any advice would be greatly appreciated. Thank you!

My PF claim was approved, but the money was sent to an unfamiliar bank account. I never applied for this withdrawal, and the account isn’t mine. What should I do?

My flat in Noida, booked years ago, is finally ready, but the builder wants a hefty extra payment, more than what was agreed upon. He’s also asking for late charges. My bank is unwilling to give me the additional amount, and I’m stuck without the funds. What are my options?

I lost ₹2,500 online to a scam. It’s been a year, and no one has helped me get it back. Who can I contact to get my money back?

Can I use popular Indian quotes and sayings in my art book without getting permission?

Share This Article
Previous Article Is it possible to transfer ancestral land through a gift deed? Also, do I have any claim on my uncle’s property which he inherited from our grandfather?
Next Article Thinking of starting a business that connects multiple online stores? What’s the best legal structure for my company in India: LLP, OPC, Pvt. Ltd. Co.?

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.