Delay in possession of flat how can i recover my money

531 votes

No, you cannot file for recovery. A better option would be to file a suit for specific performance of the MOU. you must also
Simultaneously send a notice for winding up of the builders company. Filing a suit for specific performance will save you paying court fees. Id also say the chances of recovery are very good as the courts are very anti builders these days.

Advocate Angad Mehta LawRato

767 votes

You can either file a recovery suit or approach the consumer court. You have a good case and would get the money back. Exact course of action can be decided after going through all your documents. Thanks

Advocate Shikha Sapra LawRato

906 votes

Hi..from your query it appears that you may file a suit for recovery. However, from the given set of facts if is difficult to suggest whether you have better alternatives available or even to suggest the chances of success you may have upon litigation. The same maybe suggested only upon a detailed consultation and upon perusing the relevant documents. Consultation advised.

Advocate Puneet Kumar Agarwal LawRato

719 votes

Hi
You hAve a option to file a suit for recovery in district court...of yr district court...u will get the money along with interest. ..chances are quite high in such cases be days. ..but If u want to get the possession then u go to go to state consumer court...to get compensation and possession..
There is a 3 yes limitation under limitation from the date cause of action arose

Advocate Priyam Agarwal LawRato

683 votes

HI,

first of all the me where is the property reside. you are talking about MOU I think there must be an expire clause in this MOU. anyway you have so many option. but can't suggest you without seeing MOU and without knowing your location of flat.

Sir , Booked A flat 8 yrs back and since we were are not getting possession (as the builder says he is doing Mutation , Partion etc) the builder agreed to buy it back from us , He signed MOU 20 months back with clause he will pay us interest at 18 percent if he does not pay within 6 months . So far he has paid us only 15% of the amount and keeps stalling. . Can we file a recovery lawsuit ? What are the chances of recovery ? When should we do it . Also in the MOU he has put a clause that we cannot sell it . What are our options Please guide us .

Advocate M P Siddiqui LawRato