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Paid advance to builder but not providing us possession


12-Mar-2023 (In Consumer Court Law)

Sir, I have booked a flat in banglore by paying 7 lacs as down payment and 20 lacs by bank loan. Builder used all the amount for personal purpose. And made a suside attempt and joined in a hospital... Apartment is 70% completed. Also I see that flat which I booked is already done a registered sale agreement to a financiar. Plz help me how to recover my money from this builder.

Answers (3)

Answer #1
621 votes
your problem is related to possession of the building . You can approach the consumer forum. The attitude of the builder comes under deficiency of service.
Before filing the consumer case , you issue legal notice to the builder asking for refund of money and compensation for not providing better service.
Answer #2
685 votes
You can file civil suit for permanent injunction restraining aalienating the property against the bulider and to execute the sale deed infavour of you part performance suit. And consumer case seeking relief against builder seeking refund the amount paid along with interest and to handover the flat and compensaton for the delay caused to deliver the possession.
File criminal case against him.
Answer #3
707 votes
from the information provided it is not clear whether the money paid by you was in cash or by cheque or, e-transfer nevertheless you may have entered in to an agreement of sale and ought to be possessing a copy of the same as also the receipts for having paid the amount.If you have documentary proof that the flat which you have registered is sold to another person get a certified copy of the sale deed from the concerned Sub Registrar of documents to substantiate your claim.With these and any other documents, consult a Lawyer to file a case before the Consumer Protection court/Forum as also explore the possibility of filing a cheating case if so advised against the builder.

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