want to take legal action against builder

monjit singh (Querist) 01 November 2015 This query is : Resolved
Hi my name is monjit sing. I have bought a flat at Bhubaneswar before 5 years ago through IDBI bank. Before 1.5 years ago I have disbursed all amounts including registration charge to builder. But till date he has neithered done registration nor handovered the property. Even for last one year we can not communicate with him either through phone or mail. Even the bank would not take any legal step against builder as the property is mortgaged to them inspide number of escalation. Now we want to take legal action against him. My query is,..............
1. What is the step by step procedure to take legal action in that case.
2. Can bank take any legal action against builder in this case as the property is mortgaged to them.
3. May we have to file a criminal case against builder to police station first.
4. Is the total procedure is very lenthier.
5. Is there really any hope to get this property.
6. Can you guides please inform me the topmost and trusted laweyers in Bhubaneswar.
Please help and guide me. Egarly wait for your guidance.

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Anirudh (Expert) 01 November 2015
It is a Civil matter and therefore the question of filing any criminal case does not arise.

Bank has given loan to you and not to the builder. Therefore, the bank has no right to take any action against the builder.

In the fact situation, since you have an agreement in hand according to which the builder is supposed to give you the constructed property,especially when you have already made payments, then you have to file a civil suit for Specific Performance of Contract.

Being a civil suit, it will definitely take some time, depending upon the pendency in the Court concerned.

That should not be a reason for you not to launch legal action. Whether you file the case today or after some time, the duration for the case to come to a closure will be the same. However, if you do not file the case in time, then you will loose the chance to file the case itself, because of LIMITATION. Therefore, without wasting time, please get in touch with a lawyer well versed in property laws. To locate a good lawyer, first you have to visit the court premises and make discreet enquiries. That is the only way.

R.K Nanda (Expert) 01 November 2015
consult local lawyer.

Rajendra K Goyal (Expert) 01 November 2015
1. What is the step by step procedure to take legal action in that case.

-- Send legal notice, file complaint with the distt. consumer disputes redressal forum.

2. Can bank take any legal action against builder in this case as the property is mortgaged to them.

-- Bank mostly not take.

3. May we have to file a criminal case against builder to police station first.

-- If criminal act involved, you can. Discuss with your lawyer.

4. Is the total procedure is very lenthier.

-- Legal procedure may take 3-5 years or even more.

5. Is there really any hope to get this property.

--Chances are there compensation may also be allowed by consumer forum.

6. Can you guides please inform me the topmost and trusted laweyers in Bhubaneswar.

-- Search lawyer of your choice by contacting / visiting local court.