Inordinate delay in commencement of construction
I had booked a 3bhk with a builder in Borivli, Mumbai in July 2013, paying 89l by cheque as booking amount. However the builder has not started construction till date. I issued him a cancellation notice in 2014, but he is not refunding me my amount. He has started construction in phase 1 & is ready to shift me there, but at an exorbitant price and a flat of his choice, which would otherwise be a difficult sale for him, being on the top floor.He has only completed 6 floors of 21, bookings for which he had taken in 2011(thus another delayed project) The builder is not trustworhy.
How do I recover my money? Is it possible to take up the matter in the consumer court in Mumbai, since principal plus interest claimed exceeds 1cr.
Asked 10 months ago in Property Law from Mumbai, Maharashtra
1) if builder has failed to honour his commitments and complete construction on time you were justified in cancellation of your agreement and seeking refund
2) you have to move consumer forum against builder and seek refund with interest for delay in making payment
3) also claim litigation costs and compensation for mental torture undergone by you
4) National Consumer Disputes Redressal commission New delhi shall have jurisdiction:- to enter a complaint valued more than 1 crore
In order to be able to file the conmplaint in Mumbai you will have to seek refund of the principal amount only as on the date of filing of the complaint, thereafter demand interest and penalty from the date of filing of the complaint upto to the time of payment.
If the amount exceeds 1 Cr you have to file the complaint before the National consumer disputes redressal commission, New Delhi only.
You have delayed taking recourse to your legal remedies. If the notice for cancellation went in 2014 then you should have immediately thereafter went to court. Be that as it may, you can now file a lawsuit against the builder to either seek specific directions from the court to him to complete the project and deliver the possession to you in a time bound manner. Alternatively, you can claim the recovery of money with compensation and interest from the developer. You can move the civil court directly.
If you have already issued notice to cancel the sale agreement, then n that basis itself you can approach consumer court for refund as well as compensation for mental agony.
Since the amount exceeds 1 crore, you may have to file it before the State commission.
The inordinate delay for commencement of construction work is a strong ground for cancelling the booking, the builder has to answer before the consumer court.
1. You have not paid Rs.1 Crore to claim back. So, it has to be filed before the District Consumer Dispute Redressal Forum having jurisdiction on the location where your said flat was scheduled to be constructed,
2. File the said complaint case claiming back the amount you have paid with interest, damage and cost,
3. It is a good case to win.