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Recovery of money from the builder on account of delay.


20-Jul-2023 (In Civil Law)
Builder has given delayed possession of my flat in Ghaziabad. Builder is registered in Delhi. Builder has given in writing to pay money on account of delay in flat completion but not paying it citing fund crunch. I would like to ask whether i should contact consumer court or civil court in Delhi. How much time, should it take to settle the case considering it is a clear clase as written confirmation has been given by builder to pay so.
Answers (3)

Answer #1
682 votes
It is important to see the content of the said written confirmation. If you are satisfied with the amount of compensation the builder has agreed to pay you as per the written confirmation then you can approach the civil court of Delhi/Ghaziabad seeking payment of the said amount. Since you have not disclosed the content of the said written confirmation then It is difficult to advice you specifically to which court you should proceed. We can't ignore the consumer court or RERA for the same. Connect with an advocate to proceed further.
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Advocate Shivam Sharma

Adv. Shivam Sharma

LawRato Delhi | 100+ Answers
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Answer #2
850 votes
if the builder has given you in writing and there are agreements which prove the delay by the builder. you have 3 legal recourse and your choice will depend on what is time effective for you. 1. If the builder and project is Rera registered, then filing a case at Rera tribunal. if not, filing a consumer complaint at Sdrc. 2. If there is a admitted liability, in the nature of a promissory note, then you can approach the Criminal court under NI ACT and claim the money. 3. You can also file a police complaint or a criminal complaint against the builder on the charges or cheating, Criminal breach of trust and criminal missappropriation.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
887 votes
In such matters it would be ideal for you to fike a case in the relevant consumer Court. In order to give you a timeline pertaining to the matter the amount which is to be paid by the builder is required as jurisdiction of District, State or National consumer court depends on it. please contact me for further discussion.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRatoBangalore / Bengaluru | 5+ Answers
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