The Haryana Real Estate Regulatory Authority (Haryana RERA) recently denied a refund to a homebuyer whose allotment was cancelled due to non-payment of instalments. The buyer had paid less than 10 per cent of the total sale consideration. A case like this underscores the need for buyers to understand cancellation rules before entering into a purchase agreement with a developer.
Rules on cancellation and refund
RERA does not explicitly define cancellation provisions. “The builder–buyer agreement (based on the RERA-prescribed model format) governs cancellation rights and consequences,” says Adnan Siddiqui, partner, King Stubb & Kasiva, Advocates and Attorneys.
Refunds are enforced