Timeline to initiate legal proceedings against builder
Sumita
(Querist) 14 April 2015
This query is : Resolved
I booked a flat in June 2010 and the registartion was done early 2011. The due date for handover of possessionw as October 2012.I have not yet received possession of my flat.Six months ago I sent the builder a legal notice to which they sent a standard response.I wish to take them to the consumer court. Is there a time frame within which I need to file the case. I remember reading in the papers a court ruling that if possession is awaited the consumer can initiate legal proceedings. Please confirm. Can I also initiate legal proceedings after I get possession?
Devajyoti Barman
(Expert) 14 April 2015
This is a continuing wrong , so you can well file the case now.
Even before taking possession of the flat yu can file such case.
Advocate Bhartesh goyal
(Expert) 14 April 2015
Yes you can approach District Consumer Forum.No time limit as it is a continuing wrong.
Raj Kumar Makkad
(Expert) 14 April 2015
The limit to file consumer complaint is two years from the date of the accrual of the cause of action and in your case, from the refusal of the builder to deliever the possession of the property.
R.K Nanda
(Expert) 14 April 2015
u can file case against builder.
Rajendra K Goyal
(Expert) 15 April 2015
File consumer complaint with the consumer forum as it is continuing wrong.
Sumita
(Querist) 20 April 2015
Can I also file a case in the consumer court after I get possession since this has resulted in financial loss to me?
R.K Nanda
(Expert) 20 April 2015
yes, u can file.
