file case against unitech builder for not giving flat on time

594 votes

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

Send a well drafted Legal Notice to the builder stating your reasons of discontent
Await for a response for the stipulated time from the other party
On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
Approach the Consumer Court and file your petition against the builder

The flat purchaser is required to file a written complaint before the appropriate consumer dispute redressal forum set up under the act, depending on the value of the property, or the amount of damage he has suffered. Any dispute over Rs 20 lakhs can be directly filed before the State Commission and any dispute over Rs 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than Rs 20 lakhs has to be filed in the District Commission.

the purchaser/ complainant can get inter alia the following reliefs:

Claim the money required to buy alternate accommodation at the ongoing market value in the respective area. The purchaser can also claim the money given to the builder.
Claim interest on the payment made till date.
If the purchaser/ complainant is buying the property for personal use, he can file a complaint seeking relief in the Consumer Dispute Redressal Commission.
If the purchaser/ complainant is sure to get possession of the flat in a few months or years, he can claim compensation for the money that he will spend as rent on an alternate accommodation. This will be applicable if he is a first-time home purchaser, or if his building is being redeveloped.
The purchaser can claim damages for loss of opportunity caused to the purchaser, had he invested his money elsewhere.
if the builder knew from the beginning that he would not be able to deliver possession within the stipulated time and by some misrepresentation, induced the purchaser to book the flat – civil and criminal proceedings can also be initiated.

Advocate Rishabh Jain LawRato

689 votes

Hey,
We can file a case in consumer court.
As the property value of suit is more than 20 lakhs..state Consumer forum will be the jurisdiction to your case
Feel free to have a word with me for more details.
All the best

Advocate Sahej Uban LawRato

751 votes

Hi, you have the strong case against the builder for which you may get handsome amount along with delivery of property also. You need to have agreement along with proof of payment. Your case may me more strong if you serve a legal notice before approaching forum.

Advocate Ganesh Singh LawRato

682 votes

Yes you should file the case against the said builder. Please be informed that already various cases have been filed against the builders in various courts and the relief has been granted to applicants like you by Hon'ble Supreme Court.

Advocate Jennifer John LawRato