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Kabaleeswaran   21 May 2018

Construction delay

I booked my flat with a finance based builder in Feb 2014 who is supposed to deliver my flat by Mar 2016. Since they stopped their construction activities from May 2014, several email and meetings were held but they have not made any progress and committement. Hence I registered a complaint to the Honourable Prime Minister Grievance Cell and subsequently to the Chennai Police Commissioner. Subsequently my complaint was forwarded to the Police Inspector at T-Nagar in October 2017 and the Builder has given in writing that they will handover the flat by March 2018 which they have not done till date.

Meanwhile I sent a legal notice to the Builder and tried to file a case in State Consumer Court, but my case is still not filed owing to the reason that I should have filed the case within the time limit of two years.

Is there any way that i could file a writ petition against the Builder for getting my payment alongwith Bank Interest and penalty without going through the State Commission since they have not registered my case?

Is there any other Government proceedures to instruct the State Commission to accept and register my case?

 

Kabaleeswaran

 



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 1 Replies

R.Ramachandran (Advocate)     21 May 2018

Since the Builder has given it in writing that he will hand over the possession of the Flat in March, 2018 and did not do so, the two year period from the date of cause of action has not expired.

Therefore, it is wrong to say that you cannot approach the Consumer Forum.

 


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