Delayed possession by the builder What legal action can be taken

645 votes

You can file a complaint under consumer protection act in consumer forum. The complain will be filed in state commission if the amount exceeds 20 lakh otherwise in district forum. Since as per your query he has not yet constructed the house you can claim the amount paid plus damages plus litigation etc. from the builder

Advocate Rana Prashant LawRato

899 votes

You have not stated what action you have taken to get your money back whether you have written or not. If you have written to them for refund and they are not refunding your money you have no option but to file case in the consumer court. Since your amount is less than 20 lakh case can be filed in the District Consumer Forum.

LawRato LawRato

834 votes

You must definitely approach the Consumer Court and ask for the refund of your money along with interest and also compensation. In your case the refund of money being less than 20 lacs, will have to be filed before the concerned District Consumer Forum, So you must approach a local lawyer who could help you out and guide you on how to proceed.

Advocate Rohan Mittal LawRato

734 votes

Dear Sir,
Please note the thing as below;
1. Your case must not be barred under limitation Act which is 2 yrs for filing consumer complaint and 3 years for recovery suit from the date when cause of action arose.
2. You Can file the case before consumer forum
3. You can make the criminal complaint against builder ( No Limitation)
4. You can file civil suit of recovery
5. You can file complaint before Competition Commission of India ( But every complaint can't be accepted by the C.C.I, so you should clarify the reason, why such a complaint should not be rejected by C.C.I)

Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad)
Advocate/Solicitor/Legal Consultant

Advocate Puneet Sharma LawRato