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Can a defeated party take a hold for paying principal and interest

(Querist) 08 February 2015 This query is : Resolved 
I had booked a flat in bhiwadi (3bhk) in 2006 but the builder never constructed the flats.Instead he is selling me 2BHK at a higher price which i am not agreeing to .

I want to file a case in criminal and civil court as the agreement says he shall provide interest @12% if he does not provide flat within 3 years.

Now, a lot of people have filed a case against him and most of them have won. But i would like to know that can the developer misuse any of the law and take a hold on paying the interest/principal.

Also, First i should send him a legal notice or file an FIR with EOW police?
ajay sethi (Expert) 08 February 2015
you can issue legal notice for cancellation of your booking and seek refund of principal amount with interest at 12%as flat has not been constructed within period of 3 years .

if builder fails to pay move consumer court for refund with interest , and also seek compensation from builder .

you can also file complaint of cheating , criminal breach of trust against the builder
Mayank (Querist) 08 February 2015
As 7 years have passed, Can i still file a case in high court?
Rajendra K Goyal (Expert) 08 February 2015
Agree with the expert ajay sethi.
T. Kalaiselvan, Advocate (Expert) 09 February 2015
You can very well proceed.


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