- Several legal remedies available. The best would be to file a consumer complaint in consumer Court.
- I'm prepared to handle your case as your advocate. However, I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.
Which would be the best channel for justice against delay in project launch
I had booked a flat during pre-launch of residential project in Mumbai by paying 30% amount with the condition that if the project is launched, the said flat will be allotted and if not, then I can quit and take the paid amount back along with15% interest. It has been 5 yrs now, the project is still not launched and builder is not giving even the principal amount back? Kindly guide me on how to approach the builder legally?
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
1) issue legal notice to builder to refund your money with interest
2) if he refuses file complaint against builder before consumer forum seek refund of your money with interest
3) also claim litigation costs and compensation for mental torture undergone by you
Buyer cannot be made to wait infinite for delivery of possession, file criminal complain u/s 420 and 406 IPC. Also approach Consumer court for refund with interest and compensation. Check is project is registered with RERA, if yes than complain to RERA also, if not register than inform the RERA for not registering under construction project.
You can issue notice through Advocate for cancellation and refund of your amount, subject to deductions as per agreement.
Followed by filing case before consumer forum for damages and expenses.
1. file an insolvency petition against the builder u/s 7 of the Insolvency and Bankruptcy code as home buyers who finance the project have been recognised as financial creditors of builder
2. if builder has registered the project with RERA, then file a RERA complaint
3. if not registered with RERA, then you can file a civil suit against builder in High Court, depending on the claim amount
Consumer court or rera will be best and fastest remedies
issue a legal notice to builder through an advocate and file Complaint before district Consumer Forum And Seek Refund Along with Compensation for Mental Agony.
You were the investor if builder is company you can approach NCLT for the refund of the amount along interest as per the agreement alternatively you have to file suit for same.
Complain to Rera. Seek order for refund with interest. After Rera coming into force all other civil courts have no jurisdiction over such matters.
You can issue a legal demand notice to the builder on the same agreed conditions demanding your booking amount with interest.
Failing to respond or not complying with the demand made, you may either approach consumer forum for recovery and compensation or civil court for recovery of money by filing a summary proceedings suit against the builder.
