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Non performance by builder

(Querist) 01 May 2012 This query is : Resolved 
A builder based in delhi had advertised in the year 2006 that they were alloting plots at haridwar and were going to give possession within 1 year. I am based in delhi and applied for 3 plots. Till date the builder has not offered the possession of the said plots. He has not even given me the signed copy of the builders agreement. I have paid approx 75 % of the total cost of plots. Balance was to be given against offer of physical possession. The owner of the cuilding company is always unavailable and is avoiding me. Please tell me what legal alternatives do I have?. Shall I file a criminal complaint or a civil suit or go to the consumer court?
Suhail A.Siddiqui (Expert) 01 May 2012
In case u do not find any construction activity at the the proposed site, you may file criminal complain against the builder for cheating and fraud. Otherwise to knock the Consumer Court door to get interest on your payment since the date of promise to handover possession till possession handover.
Santosh Goswami,Advocate (Expert) 03 May 2012
First of all, send a legal notice calling upon them to give the possession within certain days or to refund the amount with 18% interest.If he does not oblige then better to file in consumer forum for possession or refund and a criminal case u/s 406,420 IPC etc. to exert pressure. for more you can contact me.
919555462995
Shonee Kapoor (Expert) 04 May 2012
File criminal case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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