anita (salaried) 25 April 2008

Want to file case against builder

Sir,

I had booked a flat (under construction) with a reputed builder. As per the agreement signed, they were supposed to do the allotment within 9 months, failing which they were supposed to pay 11% simple interest. After 15 months also, when the allotment was not done, I filed for a cancellation. After much arguements and discussions, i finally got my booking amount back but not the interest amount. Kindly advice on how to proceed further.

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9 Replies

JAGADEESH GOVIND (ADVOCATE) 25 April 2008

Madam, You can claim interest by filing a civil suit,if the builder is bound to pay interest as per the sale agreement. You can also approch consumer court for the relief. Jagan

anita (salaried) 25 April 2008

And how do i file a civil suit???i am sorry for my ignorance but never got involved in any legal issue before so my knowledge is very limited. Thanks.

Kanhaiya Singh (Advocate) 25 April 2008

It will be better for you to contact a lawyer for filing a civil suit.you may yourself go through the prescribed form and fill up its columns for filing a case before a Consumer Court.

Kiran Kumar (Lawyer) 26 April 2008

...better u go for consumer litigation it is comaritively quick and cheap than the civil litigation......do consult a local lawyer for precise advice as according to ur documents.

JAGADEESH GOVIND (ADVOCATE) 26 April 2008

Madam, i also agree with the comment of Mr.Kiran and approching a cosumer forum will be more effective than consumer litigation. Jagan

gagandeepsingh.bagga (Practising Lawyer ) 27 April 2008

if u have got ur actual amount back dont go for any litigation , if still u want to go then go for consumer forum

manali bilgi (Practice) 28 April 2008

I feel u should go for civil litigation, 'cause consumer for takes too much time as it is already overloaded

arpana gupta (Advocate) 30 April 2008

yes exactly we have to file this matter in consumer court which will more effectively and faster , but before that u have to consult with an experience seniour advocate who go through your matter and suggest you better way to go proper litigation

Guest (n/a) 30 April 2008

Dear All, Thank you for ur reply.Will try and take up the case in consumer court. The property was in bhiwadi, rajasthan. Can i file the case from Gurgaon?