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Delay in possession of flat where can I file the complaint


16-Jun-2023 (In Consumer Court Law)
I booked flat in Ghaziabad(U P) in Aug 2012.GDA approval of project came in Aug2014.I signed BBA in Aug 2014 & deposited booking amount 15% of BSP. Now I want to withdraw full booking amount as project is delayed in possession.I tried to sign MoU wid builder for assurance but he suspended it for last 1.5 years & ultimately denied on mail & now accused me for delay & charged unethical interest on me & denied to refund any amount as per BBA. His BBA is neither notarized nor registered but still 15 mth.left out of 36 mths. Promised for possession.In which court/consumer forum should I file case?
Answers (3)

Answer #1
691 votes
Dear sir,
You need to share the details of the project and it's name and address, only after which I will be able to guide you with the jurisdiction.
It is advised to first file an RTI and then serve them a notice and accordingly if required file a complaint.
Please feel free to contact the undersigned.
Regards,
Pragya Wazir
Answer #2
680 votes
A complaint under consumer protection act, 1986 can be filed in that consumer where the respondent either Resides or carries on work for gain. Since the Office seems to have been situated at Ghazibad then either the Ghaziabad District forum or state consumer forum situated at Lucknow will jurisdiction to entertain the case depending upon the pecuniary claim in the complaint.
Answer #3
997 votes
Dear owner , as i can understand you booked the flat on Aug 2012 in order to resolve the issue first try to complain and contact your builder customer care team and register your complaint with them and try to raise your concern regarding your problem and if its not resolved than whether builder has been delayed in giving possession or still some time is left for the promised date of possession you have the full right for refund of the money, which the builder has to give back as according to the B.B.A agreement and regarding the unethical interest and charges you have to give proof about the M.O.U so retain all the emails and builders mail of refusing to sing it. You can file your case in the consumer forum of your city or where the property exists. Contact a good advocate for the same.

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