Can a criminal proceedings be initiated against builder

A man booked his dwelling house with a builder way back in 2004 by paying required advance amount.After enjoying the money for good six years the builder without fulfilling his commitment(could not maintain even single promise) in this period, can he use his discretionary powers to cancel the booking and refunding amount without suitable compensation and giving no reason for using his powers. Can the person file criminal cases against the builder ? If yes, under what sections ? Please send your reply to  rharitwal@rediffmail.com