How to file for delay in possession of flats

Hello sir I have booked a flat in super tech eco village 3 in 2015 with a expected delivery date of 2018. I paid 3.5 lac as booking amount and 21 lac through bank loan. The builder is not contracting the tower as some legal dispute filed by other buyers of the project against that tower as it seems that builder lack the approval or something for the tower. Quest is should I file against the builder in consumer forum? How much time it take to decide and for order by court?? Is the builder legal bound to obey the consumer court orders or he can go up. How much are chances to get back my money.

Answers (3)

106 votes

First of all you can send a notice to the builder claiming refund of amounts paid along with interest or damages.
You can also file a case before state consumer redressal commission against the builder for deficiency in service.
Moreover you can also file a regular suit in the competent court for specific performance of the contract.
At last you can also file a criminal case under section 420 against the builder on the ground that he induced you on some misrepresentation to book a flat despite knowing the fact that he would not be able to deliver possession within stipulated time.

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69 votes

As per the agreement made between you and the builder, you are supposed to get the delivery in due time. For the dispute and reasons mentioned, you are suggested to first send a legal demand notice to the builder and then file the case in consumer Forum, if the builder does not repay your money in due time. He is bound to obey the orders of the case. The expected time for decision of the case may be around one year.

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240 votes

you can file complaint to the district consumer court and demand your money with bank interest and also demands for the mental harassment and legal expenditure. yes builder is bound to follow the consumer court order. consumer court is setup for the benefit of the consumers. there is 100 percent chances you would get your money and builder would be punished as penalty

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Consumer Court Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

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