Hello Prashat,

Unfortunately, you cannot get your money back though peaceful means like mediation. You will have to fight for your right. In your case, you will have to file a complaint before the consumer forum because you are a consumer under the consumer protection Act, 1986. There has to be an enactment in Maharashtra which regulates the activities of builders and apartment rules, like in UP we have UP Apartment Act, 2010. You can go through that Act and find out what all rules are being flouted by the builder. For example, in Uttar Pradesh, possession of the apartment is to be givin within two years of signing of the builder buyer agreement. There must be a maximum time period in Maharashtra too. You have a good case i believe. All you need to do now is draft your complaint carefully. 

I could have helped more if I were from your state, but I am from Uttar Pradesh and have no idea about laws of Maharashtra. (Housing is State subject, every state has different set of laws)

Good Luck friend!

Hello Shashank,

Thank you very much for the insights. Will definightly look for the act you have mentioned.

That was really helpful. Thanks again.

I have invested in two fully furnished villas each in the name of self and wife in 2010 after selling our house, other items and savings on the condition that the builder would pay monthly rent of certain amount on full payment. As per the contract, the builder was supposed to complete it in 11 months time and rent agreements also signed to that effect. The builder was operating under a trust formed. The modus operandi was using celebrities and colourful advertisements through various medias.

Builder had paid 6 months rent with great difficulty and further stopped releasing rent payment. Lots of mails, messages and personal visits also did not have any positive effect on the builder. There were lots approvals needed from various authorities also seems to be not taken due to which frequent stop memos were issued at different stages of constructions whenever some of them complained.  Many of the people filed FIR including myself and case is going on in various courts. Some of them also filed IP and around 140 people also joined the petitions in the sub court for the past three tears without much progress.

Can one /more person who imp-leaded in the IP,  file case in the consumer court (NCDRC) if the amount paid and the rent O/s etc more than a crore?. There were difference of  opinion from lawyers for & against. Expert opinion sought. Also need a good advocate to take up the case urgently.

Mr.Shashank,
To  Mr.Prashat's   complain  ' Construction on hold builder not refunding money'
you have replied  him    to file a complaint before the consumer forum 

filing in consumer form is utter waste 

my friend's case being dragged for 4 years
in the Bangalore consumer court... from 2013 to 2017

the builder did not tell the reason  for delayed  construction of the house
the judge in each hearing don't any action against the builder
simply postpones the dates indirectly  favouring  the builder
  
Consumers Time, Money & Energy 
only wasted  neither the court's, lawyer's nor the
opposite party's