• Delay in giving possession of flat

We are a group of 3 people who booked a total of 6 flats from a builder in mira road(mumbai) in 2009. We had paid 50% of amount and in return we got the allotment letter from the builder stating the details of the transaction. The registration for the same was not completed due to delay from the builder the construction work of building is almost finished. We were promised possession before 2014, but the building work was not completed and on enquiry we learned that the builder had oversold and given allotment to same flats to multiple buyers. Other buyers had complained in 2013 in consumer forum and the builder was given 6 years imprisonment in august 2017. We have not complained yet because of false promises of the builder. We were told that we cannot now complaint in consumer disputes redressal because it has been more than 2 years. We have no idea how to proceed further with this. Please provide what are the best course of action in this case so that we can get a flat or get money back with interest.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

1)it is a continuing offence

2) you can complain against builder before consumer forum and seek orders to direct builder to deliver possession of flat to you , to execute registered sale deed in your favour

2) also seek interest for delay in delivery of possession

3) also seek litigation costs and compensation for mental torture undergone by you

4) if project is registered with RERA you can file complaint against builder with RERA and seek possession of flat

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

File a consumer case. Further file it the same Commission/Forum wherein others have filed the consumer complaints and which is still pending in that Commission/Forum. Once your matter is admitted let all matters be heard together against that Builder/Developer.

Limitation is 2 years. Show your cause of action as continuous as you have not received possession till date. It will be admitted.

I practice in consumer courts. let me know for any other further assistance.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

4.9 on 5.0

You can file a criminal complaint against buyer under fraud, Breach of trust and in basis of same a criminal case can be registered.

You also have remedy to go to civil court and recover your amount along with interest.

Also you can file an consumer complaint along with delay condone application so that the delay by you can be condoned by the consumer court.

Section 24A defines the limitation period for filing the complaints under Consumer Protection Act, 1986. As per the definition, the complaint can be filed with District Forum, State or National Commission within 2 years from the date of cause of action has arisen, however , sub-clause (2) of the said provision states that the complaint filed beyond the prescribed period would be entertained if the Complaint satisfies the Forums, State and National Commissions with sufficient reason that prevented him from filing within the prescribed period. A provision is also given mandating the Forum, State Commission, and National commission to record the reasons for condoning the delay and proceed to entertain such delayed Complaint.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Please file a complaint in the rear besides your complaint in the consumer redessal Commission.

You may file a complaint in the criminal court under section 420 &406 of IPC against the builder for cheating and misappropriation of money.

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

You have to file complaint before consumer forum depending upon value of flat and file complaint before eow.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.0 on 5.0

If sufficient cause is shown, still complaint can be filed before the consumer forum. Also, file a cheating complaint against the builder. Also, a complaint shall lie to the real estate regulatory authority. Without delay, you contemplate all these avenues.

Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

Dear Client,

File application for condonation of delay in filling consumer claim u/s 5 of Limitation Act. U can alps file FIR against the builder u/s 420, 406 IPC.

U can also recover money by recovery suit, 3 years limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

The limitation under the consumer protection act is not rigid.

It is still open for you to approach the consumer forum and seek appropriate. The builder having failed to have delivered the possession, is a continuing grievance.

Contact a local Lawyer and file a Complaint against this builder asap.

Vibhanshu Srivastava
Advocate, New Delhi
8753 Answers
152 Consultations

5.0 on 5.0

It is not the case u can file a civil suit for specific performance of contract

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

In this case, the cause of action is being a continued one. Your agreement terms have not fulfilled by the builder and possession also have not handed over to you. Therefore you can approach the consumer forum to redress your grievance. Before approaching the consumer forum issue a legal notice to the building and then file a complaint.

Selva Perumal
Advocate, Chennai
300 Answers
34 Consultations

4.9 on 5.0

You can still file a complaint before the consumer court or you can file a civil case for enforcing the agreement under specific performance Act but make sure that you will file the case with the limitation given under the Law.

Rajashekar
Advocate, Bengaluru
570 Answers
4 Consultations

4.8 on 5.0

1) Make complaints in police station for fraud and misrepresentation and check what RERA can do regarding this for your case.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

File Consumer complaint it is best course of action for your grievance.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

Dear Sirs,

You may immediately initiate civil and criminal proceedings against the builder and get possession of the same. You are advised to approached Consumer Forum or RERA Authority (If applicable) and get possession of the building in “as is where is” condition and then seek damages/compensation for abnormal delay. For more details please contact me immediately through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

Since this is a continuous process and also the builder had been promising to hand over possession and also the construction work is in progress, your may not be hit by limitation act.

You can file a consumer case even now against the builder seeking relief and compensation.

Before that you should ascertain and decide what do your want to do, i.e., whither to continue with the possession of flat or to cancel the booking and claim full refund

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Hello,

You may still go ahead and file a complaint before the consumer forum as the same happens to be the continuing cause of action and the limitation per se will not apply.

Also you will have to show to the court that you were continuously raising demands before the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

your can approach consumer dispute forum or you can also go to RERA and get you amount refunded. if in case you need more help pls be free to call on 8080351214

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.0 on 5.0

Limitation starts from the date of knowledge of the fraud. Plus, if you have any communication from the builders in writing that they will honor the agreement, within the past 2 years, then its still in limitation. You can approach the consumer forum.

You may find out whether this project is registered with the RERA or not. if yes, file a complaint with RERA that you haven't yet gotten possession, and that the flats were oversold. If No, then file a complaint that they haven't done so, since registering a project under RERA is mandatory.

Divya Srivastava
Advocate, Mumbai
19 Answers
1 Consultation

5.0 on 5.0

Hi,

You are advised to start civil as well as criminal cases against the builder.

Ganesh Singh
Advocate, Delhi
3451 Answers
9 Consultations

4.5 on 5.0

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