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Builder not giving possession can I file case in consumer court


31-Jan-2023 (In Consumer Court Law)
Purchased a plot and executed absolute sale deed and it was approved layout ,but afterwards the plot layout plan was modified and i was not informed about it.The builder is using this reason for not giving possession,eventhough the entire layout is in possession of the builder.which is the best and effective legal remedy?Consumer,civil,or criminal.my present plot cost as per government value is 8 lakh and if i extra claim 15 lakh as mental harassment it goes to more than 24 lakh can i file in state consumer commission directly?
Answers (3)

Answer #1
858 votes
Yes you can approach state commission if the amount claimed by you is more than 20 lacs.But you may be informed that seeking 15 lacs as compensation from government based builder is not tenable.So my sincere suggestion is to approach district forum under section 12 consumer act and seek interest @ 18 %.
Answer #2
769 votes
Yes u can file a case. U have many options consumer court, civil and criminal both remedy and if the builder has received the money he is bound to give u possession. At the time of purchase u must have signed an agreement and with respect to that agreement the builder can be made to provide u the possession.
Answer #3
997 votes
No the jurisdiction of the State Commission is from 50 lac to 1 crore, so you are advised to file your complaint in District Consumer Fora only as if you will unnecessarily claim huge amount for meeting the jurisdiction of the State Commission, then it will create a bad impression and after all they will ask you to withdraw and file in appropriate Fora. You can also initiate criminal action against the builder under various sections like 406, 420 etc under the I.P.C, but you must consult an Advocate with all your documents to prepare a good case. For further assistance please feel free to contact, I am leaving a message also on your mobile number if available. Thanks

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