Builder delay to hand over flat

bikashshaw (Querist) 18 May 2015 This query is : Resolved
SIR,IM VERY HOPEFUL FOR UR KIND ADVISE.

CASE IS THAT IM BOOKING A FLAT SEPTEMBER 2013 (1100 SQF @1500)ON FROM A BUILDER AND PAY TO HIM 5,50,000 BY RTGS/NEFT AFTER GETTING MANY PROMISES BY BUILDER TO HAND OVER THE FLAT BUT PROBLEM IS THAT BUILDING PLAN SANCTION IS 3RD FLOOR AND MY BOOKING ON 5TH FLOOR SO HOME LOAN IS NOT DONE BY ANY BANK SO IM ARRANGE ANOTHER 4,50,000 TOTAL AMOUNT TILL DATE IM GIVING TO BUILDER 10,00,000/- HE PROMISE ME YOU MAKE ME TOTAL PAYMENT 10,00,000/- AND U TAKE OVER THE FLAT UNTIL 5TH FLOOR PLAN IS NOT SANCTION BY APPROPRIATE AUTHORITY.BUT NOW HE DENIED TO SAME PROMISE.
SO PLS MAKE SOME TIME TO UR VALUABLE ADVICE.
THANKING YOU (M)9831731534
BIKS_BIKASH@REDIFFMAIL.COM

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bikashshaw (Querist) 18 May 2015
IS THIS RIGHT CASE FOR CONSUMER COURT BECAUSE WE R TOTALLY INVEST OUR SAVING FOR THIS FLAT

Jeetender Gupta (Expert) 18 May 2015
Options:
1. District Consumer Forum demanding refund of principal Rs. 10 lack with 18% interest. Case must be filed within 2 years from cause of action. Here sanction not there from beginning so separate 2015
2. Winding up petition in HC if builder is company (P Ltd / ltd)
3. Criminal complaint for selling something without appropriate sanctions

Rajendra K Goyal (Expert) 18 May 2015
Agree with the expert.

Dr J C Vashista (Expert) 19 May 2015
Well advised by expert Mr. Jitender Gupta, I agree with him.

T. Kalaiselvan, Advocate (Expert) 19 May 2015
Assuming what you say is right, you may follow the advise and suggestions made by experts above, however the agreement conditions are to be seen if you require proper opinion, so a local lawyer will be able to guide you properly on being shown the agreement papers/documents.

malipeddi jaggarao (Expert) 20 May 2015
I agreed with the experts. A question arises as to why you paid advance without looking into the proper sanctions of the proposed construction. What is the agreement between you and builder? If it is a flat in 5th floor, why did you enter into agreement without verifying the sanction. However, since you have paid Rs.10 lakh, you have remedy as suggested by the experts.

bikashshaw (Querist) 20 May 2015
In the agreement, inwritten that sanction is done within 6 month

bikashshaw (Querist) 23 August 2016
Sir i lodge a case in consumer court can I lodge a complaint in written

bikashshaw (Querist) 23 August 2016
Sir I lodge a case in consumer court can I lodge a complaint with local police station against builder that he was cheated me and case of 420.
Your legal advice valuable for me