Haven't got possession for purchased flat

Shahid Shaikh (Querist) 02 November 2024 This query is : Resolved
I have purchased flat in Mira road but seller is not giving possession even after full and final payment in December 2023.
Kashigaon polcie station had registered criminal case FIr 345 of 2024.
Please adivse if i need to file civil suit if yesy how much can that cost .

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If you've paid in full for a purchased flat but haven't received possession, you have legal recourse. While a police FIR has been filed, the primary avenues for resolution are civil courts, the Consumer Forum, or RERA. These bodies can order the handover of your flat and award compensation for delays and distress. Consulting a local lawyer is highly recommended to navigate the process effectively.

Isaac Gabriel (Expert) 03 November 2024
File a complaint in the Consumers' Grievances Redressal Commission where you can be awarded Compensation and court expenses for the deficiency caused to you.

kavksatyanarayana (Expert) 03 November 2024
You have to file a case in the Consumer Forum of your district against the builder.

Advocate Bhartesh goyal (Expert) 03 November 2024
You have to file complaint before District Consumer Commission for your grievances, Consumer Commission has power to grant you relief .Non delivery of flat despite having received sale consideration amounts seller's deficiency in services so you can also claim compensation towards mental and physical agony caused to you.

P. Venu (Expert) 04 November 2024
Yes, you need to approach the Consumer Forum or RERA. To my knowledge, Police have no jurisdiction over such civil matters.

Sudhir Kumar, Advocate (Expert) 05 November 2024
Police will have jurisdiction if you can prove that the builder while accepting the deposit know that he ab-initio had no intention for giving flat and collected deposit.

T. Kalaiselvan, Advocate (Expert) 06 November 2024
Besides police complaint, you can approach RERA or consumer grievances redressal commission for obtaining desired relief and compensation.

Dr. J C Vashista (Expert) 10 November 2024
You have stated to have made full and final payment, even than the builder did not hand over physical possession of the flat, what is the reason/ plea of vendor ?
You can move for specific performance of contract before civil court, besides filing consumer and/ or RERA complaint before competent jurisdictional fora.
It is advisable to contact, consult and engage a local prudent lawyer for proper appreciation of facts / documents, guidance and necessary proceeding.

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