quesPaid builder but he neither giving possession nor money what action

Dear Sir, I had booked a flat with ERA landmarks in Faridabad sector 76, in 2009 and as per the discussions held with the builder the possession had to be offered to us laest by end of 2013 but neither the possession is given to us nor the money is returned to us, they are just giving extended timelines of 6-7 month every time. I have invested more then 20 lacs and feeling helpless. on one side I am paying loan EMI to hdfc bank and on the other side living in rental flat and facing tough time. Kindl guide me. Thanks

  • ansYou may file a consumer complaint against the builder seeking possession and compensation from the said builder as your builder buyer agreement contains a penalty clause which specifies the penalty provision enforceable against the builder in case the builder fails to hand over the possession of the flat in time. Moreover you may also file criminal complaint against the builder for criminal breach of trust and cheating etc. Thanks

    Advocate Navin Thakur

      Tis Hazari Court, Delhi

  • ansYou can file a consumer complaint against them. The acts as described by you amount to deficiency in services and unfair trade practices. The builders are liable to hand over the possession alongwith interest in monetary terms. You are also entitled to monetary compensation on account of mental harassment and agony

    Advocate Shubham Shanker Saxena

      Lajpat Nagar - I, Delhi

  • ans In the present case there are two option either you file suit for specific performance or recovery of paid amounts or you may file consumer complaint as per the payment claimed as loss and damages. Before state consumer forum since your payment is more than of Rs 20 lacs.

    Advocate Rajesh Kumar

      Shakarpur, Delhi

  • 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 LawRato.com and has been responded by one of the Consumer Court Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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