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Builder still not given possession of shops what can i do now.
02-Dec-2023 (In Consumer Court Law)
I had booked two shops with Universal Buildwell Pvt. Ltd.(Office at Sohna Road, Gurgaon) in Sep 2011, No. 19 and 20 at Universal Unimart in Sector-82, Gurgaon (Near Universal Aura) and paid a sum of Rs.31,06,934 through cheque between Sep 2011 and Jul 2012 and Rs.17,53,908/- in cash on 11 Oct 2012 (No Receipt/No Proof) to the builder. As per Builder Buyer Agreement dated 11 Oct 2011, he was to give me possession of shops in Oct 2014 but he is yet to start work at the site. Now he is neither replying to any of my letters/e-mails and not even attending to my telephone calls and is not ready to meet me. I wish to file a case against him at National Consumer Disputes Redressal Commission. Is there any other remedy?
Hi
Filing the case in National Consumer Commission would be the good remedy as consumer law gives the most efficacious and speedy result. Also, the entire litigation in consumer forums can be handled by the advocate engaged by you and you will have to turn up to the courts only at the time of evidence. However, besides approaching the consumer commission, you can also lodge an FIR or file a criminal complaint against the builder company for cheating and criminal breach of trust under Sections 420 and 406 of I.P.C. Criminal cases are good to create pressure over the builders as it involves personal appearances and penal punishments. However, Both the cases can be filed simultaneously also. A number of judgments giving immediate relief to investors can be searched on web.
Filing the case in National Consumer Commission would be the good remedy as consumer law gives the most efficacious and speedy result. Also, the entire litigation in consumer forums can be handled by the advocate engaged by you and you will have to turn up to the courts only at the time of evidence. However, besides approaching the consumer commission, you can also lodge an FIR or file a criminal complaint against the builder company for cheating and criminal breach of trust under Sections 420 and 406 of I.P.C. Criminal cases are good to create pressure over the builders as it involves personal appearances and penal punishments. However, Both the cases can be filed simultaneously also. A number of judgments giving immediate relief to investors can be searched on web.
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Adv. Suksham Aggarwal
Ambala | 100+ Answers
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You can resort to lok adalat too of competent jurisdiction for redressal of your grievance and terms of agreement of sale shall govern the outcome. You can opt for refund of your paid up money with interest or penalty as per terms till you get the possession.
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Adv. SP Budhiraja
Faridabad | 25+ Answers
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1. the 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. 2. 2nd option u should do that is civil suit. 3. 3rd option criminal complaint. 4. fouth 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.
thanks
thanks
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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