Civil suit to be filed for interest on recovery from builder

Amit (Querist) 21 March 2015 This query is : Resolved
We had registered for 2 flats with the builder in 2012 for Rs. 34,00,000/- each, & agreed to make payments as & when required by the builder against the promise of the builder to give possession within 2 years, but did not executed any written agreement instead it was all orally agreed.

After then we made the first installment on 11th may 2012 to the builder. The total payment made was of Rs. 16,00,000/- for both flats (Rs. 8,00,000/- through A/c Payee Cheque & Rs. 8,00,000/- in cash).

Now, its being March 2015, but the possession is still not given & even making delays giving fake reasons, for the repayment of the said amount of Rs. 16,00,000/-.

So, my question are: -

1) Is there any time limitation for filing a civil suit for the same??

2) He has given us with post-dated cheques being dt. till the end of April-2015, so will be able to file a suit for interest thereon, even after receiving our original amount of Rs. 16,00,000/-??

3) Which sought of suit would be filed??

PLEASE GUIDE & HELP US..........

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MANOJ HARIT (Expert) 21 March 2015
File a suit for damages.

Amit (Querist) 21 March 2015
Please answer my questions, as asked in the queries??

And also, please guide me that will we be successful??

Devajyoti Barman (Expert) 21 March 2015
professional query......

Dalip Singh (Expert) 21 March 2015
Dear Amit,

I suggest to file complaint before district consumer forum. You can also challenge the clauses of the buyer agreement by which the builder is exploiting you and claim penalty from competition commission of India.

ajay sethi (Expert) 22 March 2015
wait for clearance of cheques . then issue notice for payment of interest . you can move consumer forum against builder for recovery of interest for delayed refunds . filing complaint before consumer forum does not attract court fees

Amit (Querist) 22 March 2015
Respected Sir(s),

First & foremost, I am really thankful for your reply to my query.

Further, I would like to ask that it will more than 3 years from the date of my first payment to the builder, if I wait to get the cheques cleared, so after then, will I be able to file complaint before consumer forum as per limitation act??

Also, as I mentioned before that I do not have any pre-written agreement with the builder, so will it have any consequence when I will file a complaint for interest upon the builder??

PLEASE HELP ME...

T. Kalaiselvan, Advocate Online

(Expert) 22 March 2015
since you have already obtained post dated cheques from him, better to wait for the date to present the cheques to your banker for clearance on is due date, after which you can decide about further course of legal action against the builder.