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Zakir Ali Khan (Manager Import)     13 May 2026

Delayed possession

I had   booked  flat at  Titavala  and  made payment  of   Rs. 5.0   lakhs  to the  builder 

and also  paid  stamp duty  and registration   charges  on 13.05.2014 at  Dombivli  stamp office  

There  are  3  partners  , out of  which  1  partner  is  absconding(whom I had made payment )    ,

There  are criminal  cases against the  builder. 

Till date the   construction has not   started  , Nor   I have  received  any refund  . I had filed  complaint at Doimbivli police station , however the partner  assured that the payment  would be   made.     

Now he is  also not picking up the phone . 

Please advice - what  is   future course  of   action to be taken.  

 

 

 

 



 7 Replies

P. Venu (Advocate)     13 May 2026

Facts posted suggest a civil action, police has no jurisdiction. Even a civil action depends upon the question of limitation and the terms of the agreement, if any.

Advocate Bhartesh goyal (advocate)     14 May 2026

Issue legal notice to builder in this regard and if notice is not complied with then file complaint against builder before District Consumer Commission and prey for possession or alternatively refund of paid money with compensation. 

Dr. J C Vashista (Advocate )     14 May 2026

You have booked the flat about 12 years before, i.e., you have stated to have paid stamp duty and registeration charges on 13.05.2014 to the builder, what were you doing for such a long time if the builder did not start construction ??? 

T. Kalaiselvan, Advocate (Advocate)     14 May 2026

It appears that you have already initiated legal action in this regard but just posting this question as if you are totally innocent of the legal issues involved in it because it is more than a decade that the problem is going on. If you furnish the details of legal actions you had initiated in this regard, it will be useful for us to suggest you more proper legal action in furtherance.

 

Zakir Ali Khan (Manager Import)     15 May 2026

I had   submitted  application   at  Dombivli  Police station ,   but nothing happen.  after 12 year  , I  want  to know  can i  take legal  action  against  the   Builder for  recovery  of the amount.    

Dr. J C Vashista (Advocate )     16 May 2026

Is there any communication with builder for admission of delay in handing over possession ?

Filing police complaint shall not be a ground / reason, which may help your case, which is civil in nature.

It is too late of now. 

Hoowever, it is better to show relevant documents to a loca.l prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding

 

T. Kalaiselvan, Advocate (Advocate)     16 May 2026

You can approach RERA or civil court for remedy with the help of a prudent advocate in the local provided it is real case and not a hypothetical question.


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