Hi
I fully understand your problem. Though legally you have recourse to file Civil suit or Criminal suit, the fastest and cost effective option would be to approach the Consumer Forum.
So in order to initiate any legal action (irrespective of civil / criminal / consumer forum)
1) First issue notices to the builder and then if you do not receive reply/ favourable action by the builder within 30 days, you should initiate appropriate legal action
2) The Remedies available to you if you use the legal approach through consumer forum are
a) Demand payment of interest at the rate of 11% or whatever rate of interest the builder has mentioned in the agreement of sale in case of you(buyer) delaying payment. Interest will be computed from the date of you making your payments to the builder AND
b) Costs of alternative accommodation from the date of possession as envisaged at the time of agreement of sale AND
c) Compensation for Mental Stress and Trauma.
d) Penalties for Default. All projects that were due to be delivered before 2012, but have not been completed as of date are now classified under the head " Default" . Heavy penalties are ordered to be paid by the builder to home owner in case of Default and penalty can be claimed in lieu of compensation.
Of late consumer courts have been aggressive and have been awarding orders in favour of Buyers (see above remedies).
Many developers such as Shobha, Parsavanath, Unitech and even good companies like L&T have been facing the music from the consumer courts for project delays and deficiency of service.
The jurisdiction of consumer court is based on the value of property
a) If transaction and relief is Rs. 20 Lakhs or below, case is to be filed in District Consumer Disputes Redressal Forum.
b) amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is to be filed at State Consumer Disputes Redressal Commission
c) If amount is Rs. 1 Crore and above, case is to be filed at National Consumer Disputes Redressal Commission
Hope this helps.