Delayed possession how to recover the amount paid

839 votes

If u have entered into an agreement with a builder/ an individual who deals in property as his buisness you can go to state commission ( consumer court) you shall have to go to civil court and file a civil suit for return of your money damages with interest as you cannot posession of a flat for which a completion certificate cannot be issued.

Advocate Dr.Nirmal Chopra LawRato

706 votes

you can file a recovery suit if the builder failed to perform its duties or you may file a suit of specific performance of contract if you need to enforce the contract. you can even approach the consumer court for compensation.

Advocate Nitish Banka LawRato

745 votes

Sir,
With the given information, that you have provided, you have two options.
1. Either file for a recovery suit in civil court. Which is a little time consuming process, which will take some time. But you have to keep patience. As through the given information, if you have all the documents and bank statement with you then it would be helpful to you. And,
2. Is that you can file a criminal complaint against the person for cheating you, by providing you wrong information, and taking your hard earned money without any intention to deliver the flat or to return your money back. If the seller knew that he does not have the building usage permission then also he has hidden the material information from you and cheated you by taking your money without any intentionto return your money.
3. You can also file a suit under Specific Relief Act and can force him to give you possession after taking necessary building usage approvals from the concerned authority.
In total, you have three options. You can chose either of them.....

Advocate Sunil Gulia LawRato

639 votes

The first step you need to take is to send him a legal notice. If he fails to reply within 15 days, you may file a case against him in the suitable consumer forum/commission. Consumer Courts have been very strict against builders/parties in similar cases so there is a good likelihood of recovering back the money especially if you have all the valid documents in place. Please feel free to contact me for further assistance.

Advocate Akanksha Choudhary LawRato

935 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato