Structural deficiency caused in building of flats can we file a case

We have been handed over two blocks out of 9 blocks, which have been tilted. The registration of the flats was done in the year 2013 and the possession was given in 2014. But, such structural deficiency was detected from the time of possession and the promoter was accordingly intimated. Since then, they have been showing some promise to rectify the defects, but no tangible action was taken by them. Since the defects were detected, the Municipal authority has also served them notice that unless they give any concrete plan, the affected buildings were notified as ïnhabitable". On 21st November 2016, notice has been served on them stating that unless they come out with concrete plan to remedy the grievances, appropriate action would be taken against them. The documents sufficiency establishes the fact that they have done the process as wrong which they themselves admitted. (1) Can we file at the consumer court? Is it time barred?