Builder Buyer Agreement not made

I booked apartment from builder BPTP ltd in 2009 and the total amount was settled as 24 Lak rupees out of which i paid 837,000 (35 % of the total till 2012) but there was builder buyer agreement being the meantime builder asked for addition charges for Enchanced EDC & IDC which i paid. Till 6 years of allotment , no construction was started and customer care also stated that there was no land issue. now they come up and saying that they cant construct the apartment on the land becoz one of the landowner denied to execute the sale deed therefore builder BPTP has filed a court case against him and it will take some years and adviced me to move to some other project with current market place or get entire money back with 9 % interest. Please let me know can i still file a case against this builder even the BUILDER BUYER AGREEMENT IS NOT BEING MADE. and will my case be solid because they had no land owner ship but they hide this fact to me and did allotment on that land and asked Haryana Govt esclated Enhanced EDC and IDC charges from me and not providing me the details about the court case filed against the landowner. Thanks Deepak