Regarding refund of amount wherein not getting posession on time

555 votes

You have to file a consumer complaint against the builder along with a criminal case for cheating and fraud. You can seek damages and compensation in the consumer complaint. In the same complaint you can make the bank a party and seek a appropriate stay against the action taken by bank.

Advocate Mrinmoi Chatterjee LawRato

804 votes

Its absolutely clear from the facts of the case that the builder had promised to give you the possession within a period of 6 months or in 6 months. Now the best remedy available to u is to seek the consumer forum for the redressal of the issue as the delayed possession comes well within the definition of the "deficient services" and falls within the ambit of consumer law, for filing a complaint you need to be clear about the pecuniary jurisdiction of the consumer forum. And as far as the culpability of yours on being not able to pay the EMI is concerned, the bank has every right to sui you on non-payment of the EMIs since you had your separate contract with the bank regarding the EMIs, But if you show the bonafide discrepancy to the bank after filing the complaint in the consumer forum regarding the possession, that might be taken into consideration as you are a bonafide purchaser and has suffered more due to the aforesaid delay in possession.
Thanks and Regards
Advocate Suneel Kumar

Advocate Suneel Kumar LawRato

749 votes

You must file a case under consumer court before the concerned court of your district.There is huge burden on you.first of all send a legal notice to your builder then file a case immediately.Your builder will give you possession and will and give you money on the part of damages that you have incurred by his non completion of work in time.

Advocate Anees Ahamad LawRato

777 votes

The way of getting refund is to file instant legal notice against the builder and file recovery of amount along with damages.You can also go ahead and file criminal complaint against the builder and can also utilise consumer forum as a platform therefore contact for further details thanks.

Advocate Nishant Solanki LawRato

564 votes

Hello, i understand that handling both the expenses is little bit difficult, you have 2 options, 1. You can file a case for non delivering flat on time, as time mentioned in dèed and in that case they are lible to pay interestor 2.approach bank for stop EMI and they will take possession and will do all formalities, incase of cheque bouncing you will be in trouble according to 138NI act.
You can approach DRT too.

Advocate Jayatee Chatterjee LawRato