CANCELLATION AND REFUND REQUEST — COMMERCIAL BOOKING

__________
__________

Date: __________
Place: __________

To,
__________
__________

Subject: Request to cancel booking/allotment of __________, __________, and to refund the amount paid

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

2.1 The Buyer had booked, or was allotted, __________ bearing __________, in the project known as __________, __________ ("the Project"), under __________, dated __________ ("the Booking").

3. Reason for cancellation

3.1 The reason for this request is: __________.

4. Amount paid to date

4.1 The total amount paid by the Buyer to the Developer towards the Booking, as on the date of this Letter, is __________. Particulars of the payments made: __________

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.

5.2 __________

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

6.1 The Buyer requests the Developer to confirm the cancellation of the Booking in writing within 7 days of receiving this Letter.

6.2 The Buyer requests the Developer to refund the amount found payable under Clause 5, __________, within 30 days of that written confirmation — or, if no such confirmation is received, within 30 days of the end of the period stated in Clause 6.1.

6.3 __________.

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

8.1 This Letter is sent __________.

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,

_____________________________
__________
Buyer
__________
Date: __________

Witnesses

1. Name: _________________ Address: _________________ Signature: _________________

1. 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 __________