Builder demands high cancellation fee—RERA or booking form?

Under-construction property in Maharashtra: The builder tricked us into paying ₹25 lakhs as our contribution before sharing the draft Agreement to Sale (AtoS). The draft had errors and missing documents. We asked to cancel the deal and requested a full refund. The builder says, as per the booking form, 10% of the total consideration (₹6.5 lakhs) will be charged as cancellation fees. But as per RERA, cancellation charges should be limited to the initial booking amount. We paid ₹1.08 lakhs as the initial booking amount. Which is applicable: the RERA rule or the 10% in the booking form?

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Advocate By LEAD INDIA Answered: 02 May 2025


As per RERA, only the actual booking amount (₹1.08 lakhs) can be charged for cancellation, not 10% of total cost. File a complaint on the Maharashtra RERA website with payment proofs and builder communication. RERA will direct the builder to refund the excess amount and penalize unfair practices. For further legal assistance contact us son our helpline number.

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