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The builder has cancelled my flat allotment in Kolkata. What can I do?

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(@ronav jaiswal)
Joined: 1 month ago
[#638]
I had booked a flat in Kolkata and paid a substantial amount, but the builder has now cancelled my allotment. What legal remedies are available to me?

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(@advocate-mudit-pratap)
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Joined: 3 months ago

If a builder has cancelled your flat allotment in Kolkata, you have significant legal remedies available, particularly through the West Bengal Real Estate Regulatory Authority (WBRERA), which now governs real estate development across the state following the Supreme Court's 2021 ruling striking down West Bengal's earlier HIRA framework and restoring the applicability of the Central RERA Act. Your first step should be reviewing the reason given by the builder for the cancellation, along with your original allotment letter and agreement, since the validity of the cancellation depends heavily on whether it followed the specific terms you originally agreed to.

If the cancellation was based on an alleged payment default, your lawyer should verify your actual payment history against the agreed schedule, since builders sometimes cancel allotments over relatively minor or disputed delays without following the proper notice and cure-period procedures most agreements require before cancellation can lawfully take place. Many agreements mandate a specific notice period allowing you to rectify any default, and if this was not followed, the cancellation itself may be challengeable on purely procedural grounds.

Where the cancellation appears arbitrary or motivated by the builder wanting to resell the unit at a higher price given rising Kolkata property values, this is a serious violation of your rights as a homebuyer, and you can file a complaint before WBRERA seeking restoration of your allotment, or alternatively a full refund of amounts paid along with interest and compensation if you no longer wish to pursue the unit given the breakdown in the relationship.

Your lawyer will help you compile thorough documentation โ€” the original allotment letter, payment receipts, correspondence with the builder, and the cancellation notice itself โ€” since WBRERA proceedings, while more accessible than traditional civil litigation, still require clear substantiation of your claim. Acting promptly is important, since delay can sometimes be used by builders to argue that you acquiesced to the cancellation.

For guidance on challenging your flat allotment cancellation effectively, you can consult Aapka Legal Advice, where a panel of retired judges can offer an experienced assessment of whether the cancellation was legally valid. Engaging the Property Lawyers in Kolkata | Aapka Legal Advice ensures your WBRERA complaint is filed promptly and backed by strong documentation. In conclusion, a builder's cancellation of your Kolkata flat allotment is very often challengeable, and prompt, well-documented WBRERA action gives you a strong path to restoring your rights or securing fair compensation.


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