Civil Procedure Code (CPC)

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Rohit Sharma (Student)     20 January 2021

Builder not able to provide possession on my plot

My father purchased a plot in 2012 from Sahu builder in Lucknow. He completed the registry formality but was unaware that he has to take official possession from the builder. Last month when my father reached builde office to take possession he found that there is a boundary wall made on his plot.
After so many arguments builder assure us that he will provide us a new plot at different location but market value of this plot is about 1/3rd of the original plot.
Please suggest me a effective way to gain possession on my original plot.


 1 Replies

Nirali Nayak   15 June 2021

Hello sir, greetings of the day.
As per your query, if you fail to get the possession of your property on time, you can resort to several provisions under India’s civil, criminal and consumer laws, to take action against the builder. You can:
You can send a legal notice to the builder, and claim the refund of the amounts paid along with interest or damages. 
You can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder. 
If your dispute is over Rs 20 lakhs you can directly file a complaint before the State Commission.
If your dispute is over Rs 1 crore you can filed before the National Commission in New Delhi. 
If your dispute values lower than Rs 20 lakhs it has to be filed in the District Commission. 
You can also file a regular suit before a court of competent jurisdiction, for damages or specific performance, under the Indian Contract Act, 1872. 
Hope this answered your question
Regards
Nirali Nayak
Law Student


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