Richard D'souza (Quality Analyst) 06 September 2017

Builder not giving possesion

Hi, The builder I purchased a flat from has not yet given possession. Possession was supposed to be in Dec 2015 but not received yet. I wanted to know, should I file a case? Also, if I win the verdict will the same verdict apply to other members of my building also, as some of them are in really tough times and are unable to afford lawyer fees. Waiting eagerly for your response

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2 Replies

G.L.N. Prasad (Retired employee.) 06 September 2017

It is always proper to fight collectively against builder through consumer forum as party in person as you individually can not match a Builder.

Raveena Kataria (Advocate ) 07 September 2017

Indeed, you can file a case in the consumer forum (or the state commission if the payment made by you exceeds 20 lac, or the national commission in case the payment exceeds 1 cr.) Note that you first need to send a legal notice to your builder, claiming refund of the amounts paid along with interest and/or damages, and if he/she doesn't respond within the prescribed time, you can move immediately to the court.