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Delay in possession of office flat

(Querist) 21 October 2017 This query is : Resolved 
Dear Sir

I had booked an office space in a project pre - launched in Nov 2012 with a builder in NOIDA for my own self to work once I retire from my job.
It was on construction linked plan & I had paid almost 50% of amount i.e Rs 19 lacs but over the last 5 years there has been little construction.
Pls suggest remedy for me .
Should I go to consumer forum and file a case or a complaint in UP RERA online portal after paying their FEE will help me.
Does court take a different view on commercial property as compared to residential apartments in such cases.

Pls suggest which legal course should I take . will builder harrass me if I go legal.

Thanks
Dr J C Vashista (Expert) 22 October 2017
You should (rather must) avail both the avenues through a local lawyer.
You have booked the commercial property for earning your livelihood post-retirement hence it would not attract the negation of being a "consumer" in terms of section 2 of the Consumer Protection Act, 1986.
Rajendra K Goyal (Expert) 22 October 2017
Lodge consumer complaint with the state Commission for amount paid with interest, compensation, legal fees (amount would exceed district forum jurisdiction).

If in group, you can directly approach National Commission, it would also distribute legal charges.

No legal notice need to be sent, there is possibility that on receipt of legal notice they may invoke arbitration clause if agreed in builder buyer agreement.


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