inform the builder that on account of delay in copmpleting construction you are cancelling your booking

2) seek refund of money paidf with interest

3) if builder fails to pay file complaint before consumer forum seek refund with interest , also claim litigation costs , compensation for mental torture undergone by you

1. you should file a case before the consumer forum for the cancellation of agreement, compensation for delay and cost of the case.

2. consumer forum should be best because it has shortest procedure to decide case and effective measure to execute it.

3. if you file civil suit it will take long time to decide.

1. This is a clear case of unfair trade practice and deficiency of service.

2. For this ask for refund of your money by sending notice to the builder.

3 The builder would not do so and then file a case before the consumer forum and seek refund.damages and compensation.

4. If you do not want refund then you can also claim for damages and compensation only.

Hello,

You are first required to serve them a legal notice and if they do not reply to the same you can file a case either in District consumer forum or in state consumer forum depending on the amount of money involved, also the place of filing the case will be the same where the office or sub office of the company is situated.

Regards

Hi

1) Though you have multiple options, the best legal recourse for you to obtain the refund is by filing a case in Consumer court.

2) The jurisdiction of consumer courts are as follows:

2a) If transaction and relief is Rs. 20 Lakhs or below, case is filed in District Consumer Disputes Redressal Forum (DCDRF)

2b) If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed inState Consumer Disputes Redressal Commission ( SCDRC)

2c) If amount is Rs. 1 Crore and above, case is filed at National Consumer Disputes Redressal Commission (NCDRC)

3: Court Fees payable at Consumer Forum

(a)Above ten lakh and upto twenty lakh rupees: Rs.500

(b)Above twenty lakh and upto fifty lakh rupees: Rs.2000

(c)Above fifty lakh and upto one crore rupees: Rs.4000

d) Above one crore rupees: Rs.5000

4. Advantages of filing a consumer compliant in consumer forum vis- a -vis a civil court.

a) You can argue your case in person or through a lawyer.

b) time duration of resolution of grievance is not more than 18 months in a consumer forum. A civil court will take minimum 3 to 4 years.

c) Lesser court fees compared to civil court- In civil court, you need to pay about 0.5% of value of dispute.

d) Relief will be in form of 12% to 15% interest per annum from date of payment till date of decree plus

e) Alternative cost of accomodation.plus compensation

f) Cost of lawyer fees is comparably lower vis-a vis civil court

g)Strict appeal process- Losing party has stringent conditions to comply in case of an appeal.

h) Consumer act alone is the governing act. Though indian evidence act, civil procedure code is followed, the law assumes that a consumer is not a legal expert and he has opted to buy a product or service to fulfill his basic need which is the best thing that can happen to a consumer in india.

5) Generally consumer courts are very strict with builders and real estate companies and many companies such as Godrej housing, Larsen and Toubro, Unitech, Shobha, Parsvanath, Ansal Builders, Salarpuria, Jain housing,DLF, Omaxe, Vatika etc have been penalised by consumer courts for even 6 months delay in handing over possession.

Hope this information is useful

You may issue a legal notice intimating your decision to cancel the booking owing to the inordinate delay in completion of construction beyond tolerance level.

You may seek refund of booking amount with interest from the date of payment.

Failing to respond, you may drag the builder to the consumer forum seeking relief and remedy.