Kagaznama

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Cancellation and Refund Request for a Commercial Booking (Office, Retail or SCO)

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  1. The buyer and the developer
  2. The booking being cancelled
  3. Reason for cancellation
  4. Amount paid and refund requested
  5. Documents, service and signing

Step 1 of 5

The buyer and the developer

For example: Karanvir Singh Oberoi

Buyer isNeeded
Buyer's address for correspondenceNeeded

An email address somebody actually reads. Notices under a document like this can be sent to it, so a working one matters more than a tidy one.

For example: karanvir.oberoi@example.in

For example: Vantage Realtors Private Limited

The Developer isNeeded
Developer's registered office or principal place of businessNeeded
More details — you may leave these

A calendar date — the day, the month and the year. Dates in a document like this are read against one another, so a date typed here can change what another date is allowed to be.

For example: Simran Oberoi

A number somebody can be reached on. Ten digits is the usual Indian form, and a country code in front of it is fine if you want it there.

For example: +91 XXXXX XXXXX

An email address somebody actually reads. Notices under a document like this can be sent to it, so a working one matters more than a tidy one.

For example: projects@vantagerealtors.in

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CANCELLATION AND REFUND REQUEST — COMMERCIAL BOOKING

__________
__________

To,
__________
__________

Dear Sir/Madam,

1. The parties

1.1 This Letter is sent by __________, __________, of __________ ("the Buyer") to __________, __________, of __________ ("the Developer").

2. The booking being cancelled

3. Reason for cancellation

4. Amount paid to date

5. What the booking terms provide on cancellation

5.1 The Buyer acknowledges that if the booking or allotment documents contain a valid term dealing with cancellation or forfeiture, that term — and not this Letter — decides what deduction, if any, applies to the amount paid on a cancellation of this kind. This differs from project to project, and this Letter does not assume, and should not be read as conceding, any particular figure.

5.4 Any amount the Developer proposes to deduct from the refund should be no more than a genuine pre-estimate of loss actually caused by this cancellation, and not a penalty — see Section 74 of the Indian Contract Act, 1872.

6. What the Buyer requests

6.4 The Buyer requests a written reply to this Letter, whether or not the Developer agrees with everything in it — by post to the address given above, or by email to __________.

7. This is a request, not a legal notice

7.1 This Letter is the Buyer's request to the Developer, and not a legal notice or a legal demand — this is so even where Clause 3 names the Developer's own delay or default as the reason for this request. Nothing in this Letter waives, and everything in it reserves, any right or remedy the Buyer may have under the Booking, under the Real Estate (Regulation and Development) Act, 2016 where the Project is registered under it, or otherwise in law.

7.2 If the Developer does not reply within the period stated in Clause 6.1, or does not complete the refund within the period stated in Clause 6.2, the Buyer reserves the right to pursue the matter further, including by a formal legal notice of demand and, where the Project is registered, a complaint before the Real Estate Regulatory Authority having jurisdiction over it.

8. Service of this Letter

9. Governing law

9.1 This Letter, and any dispute arising from it, is governed by the laws of India. If this request does not lead to a resolution, either party may pursue any remedy available in law before the appropriate forum.

Yours faithfully,

Witnesses

  1. 1. Name: _________________ Address: _________________ Signature: _________________
  1. 2. Name: _________________ Address: _________________ Signature: _________________

SCHEDULE — PARTICULARS OF THIS REQUEST

ACKNOWLEDGEMENT OF RECEIPT (for use where this Letter is delivered by hand)

Received a copy of the above Letter dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

Seal / stamp of the Developer:

THE DEVELOPER'S WRITTEN REPLY (the Developer may use this space to reply, or may reply separately in writing)

This request is: _____________________________ (confirmed / confirmed subject to the deduction stated below / not confirmed, for the reason stated below)

Reason, or particulars of any deduction proposed: _________________________________________

Amount to be refunded: ______________ Refund to be completed on or before: ______________

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

For and on behalf of __________

The rest stays out of view until every answer is in.

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