How can I get compensation and refund from builder

847 votes

to answer your questions-you cannot approach the NCDRC as well as the district forum. it is advisable if as a group and your claims are cumulatively more than one crore, you approach the NCDRC. i cannot give you a timeline as that usually depends on judge to judge.

Advocate Angad Mehta LawRato

648 votes

You may approach the NCDRC as the NCDRC is taking a strict approach against builders in such matters. You do not need to go to the district court. It is difficult to say about the time that will be taken. It depends upon the court and many other factors.

Advocate Ekta Mehta LawRato

588 votes

I have read and understood your query and shall be able to address tour concern as I specialise in civil and property matters. However i shall be needing some more inputs from you so as to guide you well in this case.

Advocate Anish Roy LawRato

973 votes

1. as a group/singularly if the amount demanded is more that 1 crore rupees then you have to approach NCDRC or else will have to approach the state/district commission according to the pecuniary jurisdiction.
2. if your demand is only 4 lacs and you want to approach singularly and not in a group then you will have to go to district commission only and cannot go to NCDRC but if you are going in a group and the total group demand taken as a toto is more than 1 crore then you can go to NCDRC. you can approach district commission individually, but it is advisable that you approach in a group in that way you can save on the lawyer's fees and it will make your case of fraud stronger.
3. it may tentatively take 2 to 6 months in district court (please note that it may extend due to reasons unforseen)

My Opinion: There are many cases like yours against the builders pending before NCDRC and last year the Hon'ble NCDRC has passed a landmark judgment favouring the complainants and asked the builders(m/s Unitech) to either hand over the possession within a stipulated time or else refund the whole amount of each of the complainants. it would be favourable to you if you approach the NCDRC in a group.

Thank you

Advocate Neelambari Perumal LawRato

757 votes

Hello, answer 1.its very difficult to say for any lawyer regarding time, but time consumption depending upon matters. NCDRC handling cases on fast track basis, ans 2. Yes in that case you can move in both courts. 3. Yes you can file individually. No matter if they are going in group 4. Again time consumption depends upon few things.

Advocate Jayatee Chatterjee LawRato

566 votes

NCDRC has higher disposal rate as compared to DIstrict Forum, it is better if you get your file your matter alongwith the group of individuals in NCDRC. However, you can have separate representation in NCDRC through counsel. You cannot simultaneously file a complaint in both district forum and NCDRC. You can separately pursue criminal complaint against the builder on the basis of cheating and fraud.

Advocate Mrinmoi Chatterjee LawRato