Rohit Sharma (Student) 20 January 2021
Nirali Nayak 15 June 2021
Hello sir, greetings of the day.
As per your query, if you fail to get the possession of your property on time, you can resort to several provisions under India’s civil, criminal and consumer laws, to take action against the builder. You can:
You can send a legal notice to the builder, and claim the refund of the amounts paid along with interest or damages.
You can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder.
If your dispute is over Rs 20 lakhs you can directly file a complaint before the State Commission.
If your dispute is over Rs 1 crore you can filed before the National Commission in New Delhi.
If your dispute values lower than Rs 20 lakhs it has to be filed in the District Commission.
You can also file a regular suit before a court of competent jurisdiction, for damages or specific performance, under the Indian Contract Act, 1872.
Hope this answered your question
Regards
Nirali Nayak
Law Student