Delay in Possession Flat & non-compliance of MOU
I booked a 2BHK flat on Dec 2015 with one of the reputed builder of Delhi/NCR, under subvention plan, with date of flat possession in MOU(Bank-Builder-Buyer) as Dec 2018, and in agreement as Dec 2019.
>Flat Value is 70 Lacs. Till date 10%(7 Lacs) is paid by me, 32 Lacs disbursed by Bank.
>The construction work is almost stopped from last 3 Years, last disbursement was made in 2017
> As per the MOU, builder has paid pre-emi till Dec 2018(subvention period). Because possession was not offered during the subvention period so, as per MOU the emi paid by me(buyer) to bank needs to be reimbursed by Builder.
>Builder has not reimbursed a single EMI from Jan 2019. I have paid EMIs in 2019, however from start of this year(2020) I have not paid EMIs to bank, and wrote a email to builder & bank, in which I have clearly requested builder to pay the EMI to bank directly.
>Builder did not replied on my Email for direct payment EMIs to bank, but bank is sending reminder of doing NPA status of my flat.
> Possession Dates - Dec 2018(As per MOU), Dec 2019(As per Agreement), Dec 2021(As per RERA). Due COVID 2019, date might be extended further.
> Current Status - Basement+1st Floor is constructed in 4 and 1/2 years, out of 27 floors.
The possession date of flat is uncertain. I do not want this flat now, I want to cancel the allotment of flat and want my money back from builder(that is paid by me to builder & to bank as EMIs) and settlement of Bank Loan directly by builder.
Please guide which legal battle should be selected to fulfil the above objectives, among RERA, NCLT, NCDRC, Civil Court, or EOW ? Please tell the approximate timelines for getting the decision and timeline for execution of order.
Note: I have been in touch with some people who have won case against same builder in RERA and NCDRC, but after 2 years of the decision came from RERA/NCDRC, builder has not obeyed the order and now the execution order have been forwarded to DM from Nov, 2019, but no positive result till date.