You ought to have paid amount under protest

File complaint before consumer forum and seek refund of money paid by you

Don’t publish any such articles in social media

Sir since now you have paid the amount and there is no proof of the payment of such amount then in that case though you can file a consumer complaint but the case need to be established that the amount was paid along penalty.

Further the facebook and other things the builder may file a defamation case against you.

1) You can make complaint in consumer forum and RERA. As you have to check the agreement signed by you at the time of Purchase.

This is my response to you:

1. If the project is RERA registered then file complaint there;

2. You can easily file a complaint to the consumer court;

3. You could also approach the police and file a formal complaint;

4. Try to claim compensation for the losses suffered by you including monetary and mental loss.

You need to take assistance of a local lawyer. You need to first send a notice to the builder following which if they dont reply you can file a complaint in the consumer court.

If at all you are aggrieved by his demands and you want to recover the same you may approach consumer court with your grievances.

You should not indulge in such activities which may defame the builder's name and fame, he may sue you for defamation with a defamatory suit both in criminal and civil laws.

1. You should have filed the case before the selling the flat.

2. once you have sold out the flat you have no more rights to pursue legal recourse against the builder.

3. For non payment of maintenance charges no one can stop the electric supply. So it is illegal act which you failed to redress through legal recourse at the time when you should have.

4. You can raise awareness on social media but without the documentary proof do not put any direct accusations against him as the same may attract the offence of defamation.

1. Builder cannot seek maintenance charges for the period prior to the delivery of possession.

2. Instead of succumbing to the illegal demands of the builder you should have sued him for resumption of power supply and probably obtained interim orders on the very first hearing. Now that you have paid him the amount he had demanded you cannot recover it from him unless you have paid under protest.

3. Publishing on social media will be defamation.

I have come across many cases like this. You can definitely sue the builder and file a case in consumer court. I would suggest you to not to publish his illegal act on social media without any evidence/proof. Publishing on social media will be defamation. According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

Please understand that the limitation period for filing complaint is two years from the date of the cause of action. In case the limitation period expires, the Forum or Commission may still take your complaint on board, if they are convinced about the reasonableness of the cause for the delay. However, do avoid delays, since you will be required to provide explanations for every single day.

Builder asked backed maintenance and penalty for non-payment of maintenance without sending reminder. You contested and disputed for many months after taking possession. No power was supplied till you pay such illegal charges.

You can claim compensation for the mental and physical agony faced by you.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

yes you can still file a case in consumer forum and recover your losses. Just see the complaint is not barred by limitation.

Hi,

You may move to consumer forum or RERA court for such grievances.

Hello,

Since you trsnsfer your property and there is no fresh cause of action you are barred to take sny legal action.

Regards