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How to initiate a case against builder for not starting the project


16-Feb-2023 (In Property Law)
I have booked one 900SQFT 2BHK flat in Antriksh Sanskriti Appartment, Indirapuram, Ghaziabad around 7 years back which was suppose to deliver on 2014 end. I had paid 10%(240000) on soft booking & then 30%(720000 through IDBI Loan) on foundation very next month. Till than there is no progress on my project. I am still paying monthly EMI of Rs. 6791 since than but there is no hope for recent completion as they have not started any thing on those floors. Few members have created one association to fight with builder but they all are from front towers which is more than 900 sqft & their structure is almost complete. Builder is still not interested to start our project as his main focus for front towers. What should I do?? Shall I stopped paying EMI & take legal action on Builder or as you suggest.
Answers (3)

Answer #1
787 votes
You are advised to initiate legal action against the builder firstly issue legal notice through lawyer and after that please file a criminal complaint after vetting through lawyer for criminal breach of trust and cheating and also file a consumer case before consumer court with sufficient documents and appreciate evidence relied upon
Answer #2
561 votes
The alloteisand the builder is under the act 16 of 2016. In this act there is a provision against the builder that if the builder set a particular term for completion of the building in the agreement and then delayed in the delivery of flats so the builder will pay the sale consideration with 10.99% interesting to the each allotte.
so plz send a legal notice in this reference with registered post. After 15 days you will entitled to file a compensation case against the builder and filling of FIR against the builder.
Answer #3
663 votes
Hello,

In such cases you are advised to approach the consumer forum. First of all I suggest you to send your builder a legal notice and if still he refuse to give compensation or possession you can file a case before the consumer forum for the same.

Regards

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