Non possession of flat

Deb Kumar Bose (Querist) 27 February 2015 This query is : Resolved
Dear Sir
I am an army officer and had booked aflat in Raj Nagar Extn, NH-58, Ghaziabad U.P. in the year 2008.
Its been seven yrs the builder has not made any progress on the tower where my dwelling unit is located.
Now he is still asking for 3 yrs more but the same is unlikely to be completed by then seeing the ground realities.
Initially the project was named Hindon Heights by Shreya Developwell but now the same has been taken over by Sangwan Heights/ Sangwan Developers.
On asking the refund the builder is only committed to return only the principal amount however, i want to get interest also as the bank is charging me interest all these years.
Now i want to file a case in the consumer court Ghaziabad for refund. Pl advice suggested courses of action available to me.
Thanks

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Guest (Expert) 27 February 2015
Indefinite terms of agreement prove to be advantageous to the builders, not to the investors. Further, you have not stated whether any fresh agreement was entered in to with the new company of Sangwan Heights after take over from Shreya Developwell or not and what were the terms about date/month/ year of handing over of possession.

However, some definite opinion or guidance can be possible only on going through the agreements/ other related documents in your possesssion. Even if you want to go to consumer court, at first you must get the contents of your papers analysed by some expert before lanching the case.

P. Venu (Expert) 28 February 2015
Delay amounts to denial service. There are a lot of helpful decisiosn of the National Consumer Disputes Redressal Commission which could be accessed on the internet.

Rajendra K Goyal (Expert) 28 February 2015
Consult a local lawyer and show him all the documents.

T. Kalaiselvan, Advocate (Expert) 03 March 2015
You have a strong case with the consumer forum against the builder especially owing to the flaws he has committed (as per your contents), you may approach a local lawyer and proceed after proper discussions.

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