builder not giving possession of my flat

1. File a Consumer Complaint - You can bring a claim on the ground of deficiency in services which include delay in possession.  There is a three tier machinery for redressal of consumer grievances under the Act. The District Consumer Forum is the initial forum and has jurisdiction to entertain complaints where the value of the house and the compensation if any, claimed does not exceed Rs. 20,00,000 (Twenty Lakhs). Where the value of the house and the compensation if any claimed exceeds Rs. 20,00,000 but does not exceed Rupees One crore, the complaints will be entertained by State Consumer Commission which is established in each state. If the value of house and the compensation if any claimed exceeds rupees one crore, the National Commission Disputes Redressal Commission will have the jurisdiction to entertain such complaints. You can file a consumer complaint either where the registered/ branch office of the builder is located or where the flat you purchased from the builder is situated.

2. File a case with RERA- You can also file a complaint before Real Estate Regulatory Authority under section 31 of the Real Estate(Regulation and Development) Act, 2016. This authority is specifically constituted for speedy and effective adjudication of buyer- builder disputes. Under RERA if the builder fails to give possession as per the terms of the agreement for sale, then the buyer if he wishes to withdraw from the project, he can withdraw and is entitled to receive the amount paid so far and along with the interest.

3. File a Civil Suit-  In case if you are not a consumer then you can file a civil suit against the builder.
 
4. Negotiate with the builder outside the court-  if there is an “Arbitration clause” in the builder- buyer agreement you can opt for out of court settlement. Usually, it takes 3-6 months for resolving a matter through arbitration.

5. File a Criminal Case- If your builder has cheated or defrauded you then you can file a criminal complaint under the provisions of Indian Penal Code for cheating, etc. A bailable warrant can be issued against the builder if you opt to file a criminal complaint. 
 

Consult a lawyer, who will decide the most appropriate forum for claiming relief in your matter.