• Builder not giving possession in spite of full payment

I have paid complete money including society formation ,club house charges etc which was demanded in possession letter. In possession letter it was clearly mentioned that once full payment is done , you will be getting possession within 15 days. After 15 days also bulider is not giving possession of my flat and giving me reasons asking another 1 month require. I have taken fresh loan on this property to pay his outstanding. Can I take any action on the builder or put criminal case on him for cheating me .he has given in writing that once all dues are clear, he will give possession within 15 days. Feeling cheated.
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

Dear Client,

You may file a Complaint under RERA Act if your are not getting possession as per terms of Agreement. We have file a lot of cases like this. And home buyer have got relief from the RERA. FOR more visit us :

 https://reralegis.business.site


We look after RERA Cases all over India.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

File a complaint in the RERA tribunal immediately. You will be heard and adequate penalties shall be imposed upon him by the authorities.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

File complaint against builder before RERA or consumer forum and seek orders to direct builder to deliver possession of flat to you as full payment made 

 

2) no need to file case of cheating against builder 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can issue legal notice to builder to deliver possession of flat as full payment has been made 

 

if builder fails to deliver possession inspite of notice file complaint against builder before consumer forum or RERA 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes you can file a complaint before consumer forum for the same for deficiency of service

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Ans:

Yes, you may file a complaint against the builder. However, please note that if the builder is not giving the possession only to you, then it would not be advisable to pursue the complaint and if he is delaying the possession of  a number of people then if all members come together and file a complaint.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Yes, definitely you may register an FIR. But the legal remedy is under RERA (Real Estate Regulatory Authority)

https://reralegis.business.site

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

See in these facts criminal case is not possible you can file a consumer complaint or RERA complaint seeking compensation for the delay.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Police complaint not maintainable and police shall not accept such complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue a legal notice

then move to RERA court [if the project is RERA registered]

police does nothing

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

Yes poluce complaint can also be made for false promise and criminal breach of trust and cheating.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

Delay in delivery of unit for possession by the builder is a major and recurring problem faced by the buyers. Delay in delivery of possession is when the builder does not transfer the property to the buyer within the stipulated time period (even after the extension period).

Most apartment buyer agreements provide a fixed construction schedule, within which the possession is to be handed over to the apartment purchasers. Over and above such schedule, these agreements generally grant the builder/developer a grace period to cover for unforeseen contingencies which might delay project completion.

Some agreements go a step further and provide compensation by way of liquidated damages of a fixed sum, payable monthly for every month beyond the date of handing over of possession, till actual handing over of possession.

In a dispute brought before the NCDRC or the newly set-up RERA, the authorities generally compute delay from the date of delivery of possession strictly as per the contractual terms of the apartment buyer agreements. Therefore, in an agreement where a grace period has been granted to the builder/developer, the delay shall be computed from the date on which the said grace period concludes. The entitlement of the complainant/buyer will commence upon conclusion of the grace period till the date of handing over of possession. This is the general practice followed, however, no law has been stated to this effect.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You issue notice to the builder, demanding to hand over the possession of the Property.

In case if the builder fails to handover the possession of property to you, you can file complaint with RERA or file Case before Consumer Forum.

Restrain from filing criminal case against him, it will only protract the matter further.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes, complain to RERA. Can also file FIR of cheating and criminal breach of trust.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Immediately send a lawyer's notice to the builder seeking delivery of possession.

2. Thereafter, if possession is still not delivered then sue him in Consumer Forum for delivery of possession and also compensation for mental agony.

3. Police complaint is not made out in this scenario.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Delay in handing over possession cannot be termed as criminal offence of cheating.

You can issue a legal notice to the builder demanding immediate possession, failing which you may drag  him to consumer forum or RERA seeking the relief and remedies for this

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

A criminal complaint with the police for the offences of cheating may not be ,maintainable, however the police can call the builder and issue a warning on the basis of your complaint.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You need to have your agreement reviewed by a lawyer and then file a case in the consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes, you can file criminal complaint but it is better file complaint before consumer court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You can file case in consumer forum against builder for late delivery of possession and claim compensation for late possession.

2. You cannot file criminal case against builder in this case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi, 

Apart from filing police complaint you may also send a legal notice to the builder.

 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer