Booked a flat no possession given till date can I file consumer court

745 votes

Sear client u can sue builder in both consumer court and for cheque bounce case separately. First send legal notice through lawyer and ask yr money back with bank rate of Inyerest. If builder will not pay then file case on consumer court. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

508 votes

As I understand from the Query - 1) The Builder had issued the cheque initially towards refund of your booking amount which implies that, you have cancelled the flat booking. 2) Upon dishounour of cheque, you had issued him notice under Section 138 of the Negotiable Instruments Act and 3) Your FIR is still pending investigation.
Now, under this backdrop, you have three options : 1) pursue your Criminal Remedy i.e. F. I. R. so that he gets punished for his wrongs 2) file a complaint under Section 138 of the Negotiable Instruments Act, 1938 for dishonour of the cheque issued towards part refund amount (subject to limitation) and 3) file a suit for recovery for the remainder/ balance amount (if the need be).

Advocate Unmesh Gopal Dindore LawRato

599 votes

You may file a case before the appropriate consumer fora for the money or possession of the flat and also adequate compensation for the trouble caused to you. You can also simultaneously pursue the FIR filed by you and enforce criminal action against the builder.

Advocate Beena Menon LawRato