Issue him a lawyer's notice demanding compensation for the loss incurred due to his inefficiency to complete the construction on time and also change the builder, engage a new one, make an agreement with him on the basis of the present atmosphere/circumstance and proceed.  If the old builder is not replying or denying your demands, you may drag him to the consumer forum  for deficiency of service and can claim damages for the same.

in the agreement  we did with the builder ,the date of completion is not mentioned . and how will a new builder will agree to do work after hearing the dispute.

and what do we do if he try's to threaten us .

send a legal notice and wait for their response, accordingly you can proceed to the consumer forum for filing a case against builder.

Dear Mr. Mudy,

I have perused your query & grievances as against the Builders, with whom you have entered in to an agreement for reconstruction of your house at their cost and as its consideration you are to give 2nd floor of the house to them.

Your problem is that the said agreement does not say any thing about the period by which required construction is ought to be completed and even after lapse of 2 years from the date of agreement the assigned construction is not completed, rather only half of the assigned construction is made so far [as per you].

Also, as per you; being so the stage of assigned construction, you are compelled to bear with payable house rent for your dwelling purpose for last two years.

Under facts & circumstances, being understood by me, as above; I do comment the followings for your purpose :-

a)  The execution of said agreement does not open a space for you to have your locus standi as a CONSUMER to enable you to take shelter of Consumer Court.

b)  It is the case of breach of contract, if any; based on the terms & conditions of the Agreement entered between you and the said Builders. 

My Advise :- 

A)    Please seek appropriate legal assistance / advise of a competent Advocate, dealing with civil cases at your end for an exact recourse for redressal of your grievances.

B)   In my view, You may take shelter of LAW under the provisions laid in THE SPECIFIC RELIEF ACT, 1963 for SPECIFIC PERFORMANCE OF CONTRACT in the learned Civil Court of your area.

C)   In no manner you are entitled to get any relief in the matter by the Consumer Court, which please note, as such you do not stand within the legal ambit of the C.P.Act, 1986 as "CONSUMER", which please note.

Hope, my above response meets with your satisfaction in the right direction for seeking legal remedy from this FORUM, i.e; "Lawyersclubindia".

Any way, feel free to seek further advise, if still you require and for which you may approach the undersigned through the website, noted below, which provides legal solution/advises pertaining to consumer disputes.

Thanks,

SHIVESH KUMAR SINHA, Advocate

Legal Adviser - www.powertoconsumer.in

sir, (Shivesh sinha)

i would to like to add some mistakes done buy us in our agreement .

 it  was signed  on 4 april  2012

1. date of completion not mentioned .

2. amount of rent not mentioned.

3. we are  bound to to sign the sale deed of second floor after the completion of second stone work      (which is completed). 

4. if  the dispute is created by us then we have to pay the double amount of the amount spend till date .

5. we don't have the orignal  signed document . we have the photostat.

6. there are no witness in the copy we have , it just  has a notary stamp of a lawyer .and sign of my parent and builder .

sir, (Shivesh sinha)

i would to like to add some mistakes done buy us in our agreement .

 it  was signed  on 4 april  2012

1. date of completion not mentioned .

2. amount of rent not mentioned.

3. we are  bound to to sign the sale deed of second floor after the completion of second stone work      (which is completed). 

4. if  the dispute is created by us then we have to pay the double amount of the amount spend till date .

5. we don't have the orignal  signed document . we have the photostat.

6. there are no witness in the copy we have , it just  has a notary stamp of a lawyer .and sign of my parent and builder .

You can certainly go to the Consumer Court. Attach with your complaint copies of whatever supporting documents you have. As regards documents which you do not have, you file affidavits. If the Opposite Party, the Builder here disputes your statements/affidavits, he will have to file his opposing stand with documents and affidavits. If neither of you have critical documents the court will decide what order to give.

Dear Sir/Ma'am,

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess. Read this article and get out of mess without high legal fees.