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Can i file a case against the builder to get my money back


18-Sep-2023 (In Property Law)
Hi, I invested in a Pre-launch project in 2012 and signed the Builder buyer Agreement in 2014. The due date of possession is 2017 July. Right now they have not even started the Ground Floor and i know they will not be able to complete the project by next year. Can i file a case right now stating that builder will not be able to deliver the project, though the possession date is not passed yet? Or do i have to wait till 2017 July.
Answers (3)

Answer #1
894 votes
Dear Concerned - you should first send a mail to the developer and enclose a current photograph of the site development --- and tell them that as per current progress as they will not be able to complete the project you would like to cancel your booking and hence they should return 100% money - wait for their answer and post that file a consumer complaint followed by a criminal complaint for cheating.... Best of luck
Answer #2
580 votes
No you can not file the case on this sole ground that they will not be able to complete the project by next year. Yes you can see some other grounds which can work out like change in house or escalation in price and all.
Answer #3
784 votes
Yes, you can very much approach District or State Consumer Disputes Redressal Commission depending upon the pecuniary jurisdiction (i.e. the value of your payments advanced to them).

Before that you need to send Legal Notice.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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