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Case against builder for delay in providing possession of Flat


04-Nov-2023 (In Property Law)
I had booked a flat in 2016 in Noida Extension and possession date as per builder buyer agreement is July'19. But, till date the construction is not complete and possession of Flat not given by builder. Total amount paid to builder is Rs. 15 lacs. I want refund of my money paid to builder with interest and penalty. Can I file case against builder in consumer court? Please advise.
Answers (2)

Answer #1
508 votes
Yes you can approach and file a complaint under section 35 of the Consumer Protection Act 2019 and seek refund within interest and penalty from the builder for inordinate delay in delivering the possession of your flat
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Answer #2
851 votes
yes you may file a case against the builder in consumer forum. additionally you may also file a case in rera if the project is rera registered. also you may file a criminal complaint against the said builder. in your bba, if there is an arbitration clause that may also be invoked.
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