KIARA
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RERA REGISTRATION NUMBER P99000080514
KIARA
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Cancellation & Refund Policy

This Cancellation & Refund Policy ("Policy") is issued by Fia Developers Private Limited and its group companies (that is, its subsidiaries, affiliates, associate companies, joint ventures, ultimate holding company and its subsidiaries) (collectively referred to as "Fia Group", "Company", "we", "us" or "our") and shall be read in conjunction with the Website Terms & Conditions and Privacy Policy available on www.fiagroup.in ("Website").

By accessing the Website, registering interest in any project, remitting any booking / registration amount or otherwise engaging with Fia Group, you acknowledge that you have read, understood and agreed to be bound by this Policy.

This Policy is framed in accordance with the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA), the Consumer Protection (E-Commerce) Rules, 2020, and other applicable laws of India. In the event of any inconsistency between this Policy and the Agreement for Sale or any project-specific documentation executed between the Promoter/Developer and the Customer, the terms of such executed documentation shall prevail.

APPLICABILITY

This Policy applies exclusively to booking / registration amounts paid through the Website or directly to Fia Group in respect of any project, flat, unit, or property, prior to execution of a formal Agreement for Sale, unless expressly stated otherwise.

Nothing contained herein shall be construed as creating any right, title, interest, offer and/or contract in favour of the Customer unless specifically executed through a legally binding Agreement for Sale.

CANCELLATION PROCEDURE

A request for cancellation shall be considered only upon receipt of a written cancellation application submitted at any of the offices of Fia Group or through officially designated communication channels as may be notified from time to time.

The cancellation request must clearly specify:

  • Name of the Project
  • Applicant Name
  • Date of Booking / Registration
  • Payment Details and Reference Number
  • Stated Reason for Cancellation

Fia Group reserves the right to seek additional documentation, clarification, declarations or undertakings prior to processing any cancellation request.

Submission of a cancellation request does not automatically entitle the applicant to a refund and shall be subject to verification, compliance review and internal approvals.

CANCELLATION PRIOR TO EXECUTION OF AGREEMENT FOR SALE

Where cancellation is sought prior to execution and registration of an Agreement for Sale or issuance of allotment documentation:

  • The booking / registration amount may be considered for refund, subject to verification and deduction of applicable administrative, processing, banking and statutory charges (if any).
  • Fia Group reserves the absolute right to reject or defer any cancellation request in case of suspected fraud, misrepresentation, regulatory non-compliance, or misuse of promotional schemes.
  • Applicable deductions, taxes, and other statutory consequences shall apply as per the executed documentation and RERA provisions.

Expression of interest or provisional booking shall not constitute an obligation upon Fia Group to allot any unit or conclude a transaction.

CANCELLATION AFTER EXECUTION OF AGREEMENT FOR SALE

Where an Agreement for Sale and/or any legally binding documentation has been executed:

  • Cancellation shall be governed strictly in accordance with the terms and conditions contained in such Agreement for Sale.
  • Applicable deductions, forfeiture of earnest money, interest liabilities, taxes, stamp duty implications, brokerage liabilities and other statutory consequences shall apply as per the executed documentation and RERA provisions.
  • This Policy shall have no overriding effect on such executed agreements.

REFUND ELIGIBILITY (LIMITED CIRCUMSTANCES)

Subject to verification and compliance review, refunds may be considered in the following limited scenarios:

  • Cancellation requested prior to execution of binding documentation (subject to deductions, if applicable).
  • Non-availability of the selected unit due to internal allocation constraints.
  • Project cancellation or regulatory prohibition rendering allotment impossible.

Fia Group shall not be liable for any indirect, consequential, incidental or special losses arising out of such cancellation.

NON-REFUNDABLE SCENARIOS

Without prejudice to any other rights available under law, refund requests shall not be entertained in the following circumstances:

  • Where cancellation is contrary to the executed Agreement for Sale.
  • Where the applicant is in default of payment obligations.
  • Where misrepresentation, suppression of material facts, or fraudulent documentation is detected.
  • Where booking was made under a non-refundable promotional or special scheme clearly declared as such.
  • Where third-party commissions, channel partner fees, or marketing incentives have already been disbursed.

Fia Group reserves the right to adjust any dues, penalties, statutory liabilities or other recoverable amounts prior to processing any refund.

REFUND PROCESSING TIMELINE

Subject to receipt of complete documentation and internal approvals, refunds (if approved) shall ordinarily be processed within 45 business days.

Fia Group shall not be liable for delays arising from banking channels, regulatory approvals, force majeure events, incomplete documentation, or disputes raised by third parties.

MODE OF REFUND

Approved refunds shall ordinarily be processed through the original mode of payment. No interest shall be payable on booking amounts unless specifically mandated under applicable RERA provisions or expressly stated in the Agreement for Sale.

LIMITATION OF LIABILITY

Under no circumstances shall Fia Group be liable for loss of opportunity, loss of profit, loss of financing arrangements, market value fluctuations, or any indirect or consequential damages.

INDEMNITY

The applicant agrees to indemnify and hold harmless Fia Group, its directors, officers, employees, affiliates and agents against any claims, losses, damages, liabilities or costs arising from false declarations, third-party disputes, regulatory non-compliance attributable to the applicant, or breach of Website Terms & Conditions.

NON-WAIVER

Failure or delay by Fia Group in enforcing any provision of this Policy shall not constitute a waiver of its rights.

MODIFICATION OF POLICY

Fia Group reserves the right to amend, modify, revise or withdraw this Policy at any time without prior notice. The revised Policy shall be effective upon publication on the Website.

GOVERNING LAW & JURISDICTION

This Policy shall be governed by and construed in accordance with the laws of India. Subject to applicable RERA provisions, the courts at Mumbai shall have exclusive jurisdiction.