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Flat booking cancellation and refund: Evaluate finances, do due diligence

Homebuyers should understand RERA-based cancellation and refund rules before entering into a builder agreement, especially regarding earnest money and default timelines

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Some state regulators may also initiate recovery as land revenue arrears, making the refund timelines legally enforceable.

Sanjeev Sinha New Delhi

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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