Gaurav (Soft. Engg.) 10 June 2016

Need help regarding consumer forum case against builder

Dear Sir/Ma'am,

I booked a flat 5 years back from a builder in Pune. He was suppose to give possession in December 2014 but he started possession process only now which is delay of one and a half year.

I filed a case in state consumer forum during start of this year and I have only 2nd hearing in this month.

Now my problem is builder is asking me to withdraw case then only he will give me possession and not even ready to give me compensation. Now I don't understand what to do. I haven't gone through any advocate till now and submitted case in person.
I am loosing my money on rent and EMI.

Should I withdraw case or continue?
How long does it take to complete the case in state consumer forum?
What court will say if I tell them that builder is not giving me possession and asking me to withdraw case?
Is there anyway I could get possession without withdrawing case?

Please help. Thanks in advance.

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3 Replies

Kumar Doab (FIN) 10 June 2016

In your previous threads:

https://www.lawyersclubindia.com/forum/Need-advice-to-go-legal-against-the-builder-107640.asp

You were advised to consult an able counsel with all docs on record.

You should have.

Have you recorded the evidence (audio/visual/minuted/witnessed) : " builder is asking me to withdraw case then only he will give me possession and not even ready to give me compensation."

Real Estate Act has also been enacted.

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.]

https://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf

Gaurav (Soft. Engg.) 10 June 2016

Hello Sir,

I did consult with akhil bhartiya grahak panchayat and they only helped me sending notice & complaint to the builder.

I didn't save my conversation with builder but I did I did send me an email and registered post that I am ready to make the payment to take possession but you are not accepting it and asking to withdraw my case to get the possession. I am going to show this in consumer forum.

But I am not sure how court will proceed when I explain them my situation. Can you please guide what happens in this situaltion?