Builder delayed possession what action can i take

635 votes

1.u should keep talk to them what they are saying on this, then ask to them what are they demanding before refunding of money, they definitely will give you the full and final payment after taking sign on the document of understanding or any other document which will waive off your right to claim for interest, and they will also take their all signed documents and will also cancel all of them if any.
2. so the first and simple option is to accept the post dated cheques with full final payment and u must be sure that the payment get refund to u before completion of 3 years from the date when u had paid to them because 3 years is the limitation period for filing the case against them in any civil court.
3. second thing is that u should serve the demand notice of payment with interest under the capicity of being consumer, then if they will not ready then file complaint in consumer forum.
4. third option u should not do this is so lengthy and expensive which is civil suit.
5. forth option criminal complaint.
6. fifth option Complaint to C.C.I.
conclusion from my opinion u should take ur money with no efforts and if u really want to fight then start with consumer forum and then Criminal complaint, and also before this u should take a look into your agreement with builder.

Advocate Puneet Sharma LawRato

966 votes

You can definitely approach the Consumer Court and ask for interest on the amount as well as compensation along with the refund of your principal amount. Approaching the Consumer Court will also be the fastest way to get back your money.

Advocate Rohan Mittal LawRato

750 votes

If you have paid money two years ago you are entitled to get your money back with interest but no builder is going to oblige. You will have to approach consumer court for this purpose. For further action I need to see your documents like agreement with the builder or whatever papers you have.

LawRato LawRato

790 votes

firstly see what has been written in the agreement signed between you and the company in what period they will deliver you the possession, in case the agreement is silent on the same in that case approach the consumer court for deficiency in services. however you can file a civil suit also for recovery of the amount already paid by you with all upto date interests.

Advocate Ajay Shakti Goyal LawRato

698 votes

Get a written reply or reply on e mail from the builder. If he has kept your money for three years and there is no progress in construction of the project the the builder is bound to return your money with interest. You will have to file a case in consumer court.

LawRato LawRato

518 votes

You can file a complaint in the District Consumer Forum and as for a refund of your money along with interest and also compensation. Make sure to submit the buyers agreement and all the receipts of the money paid to the builder along with the complaint.

Advocate Rohan Mittal LawRato

793 votes

hi,
File Consumer complaint and civil suit in civil court....

thanks & regards

Advocate Puneet Sharma LawRato