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brijendrasingh   07 December 2022

Possession of my flat pending (refund of my investments)

I booked a 1BHK flat in Dec 2012. The work was going steadily and I was supposed to get the flat after 04 yrs. However, the work is still pending and going on too slowly. The builder has been promising me possession on Diwali since last few years but fails every time. Two years back, the builder made an offer, that I pay the remaining instalments and he will pay me house rent till the possession. I paid him the balance amount (Rs. 5 Laksh) and been receiving fixed house rent @ Rs. 5000/- per month. After completion of one year, when the possession was not paid he again promised me possession on this year Diwali and continued with the rent @ Rs. 5000/- per month.(please note that he did not increase the amount of rent). This year is going to end and I am still waiting for my flat. I want my money back with interest. Please advise next course of action. Whenever, I demand refund of my invested amount , he refuses and say he is not in position to repay me and he will give me position next Diwali and ask me to continue taking the rent. Let me know how to recover the amount. Where Should I complaint and what should be my next step. He has given me Advance Cheque till Feb 2023 as rent.


 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 December 2022


You have to take legal action against the builder. He is avoiding giving possession deliberately. Send him legal notice and later on approach the consumer commission against the builder. Consumer commission will grant you the possession of the flat and also give compensation. 

kavksatyanarayana (subregistrar/supdt.(retired))     07 December 2022

File a case before the Consumer Forum of your district. 

Advocate Bhartesh goyal (advocate)     08 December 2022

Yes, file complaint before Consumer Commission against builder and claim possession of flat and compensation towards mental and physical agony..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2022

Homebuyers can file complaints to the Appellate Tribunal under Section 44 of the Real Estate (Regulation and Development) Act (RERA) by filling 'Form M'. home buyers can visit the official website of RERA, visit the RERA office in your area, . Also, you can call the helpline number to register complaints

1 Like

brijendrasingh   08 December 2022

Thank you all for your advise and help.

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