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I buy an apartment at greater extension Noida 5 years back. The possession was supposed to be given in 3 years but I called builder again and again but no response. Someone told me builder didn’t get approval from government so construction is not started till now. Can I file complaint?

I buy an apartment at greater extension Noida 5 years back. The possession was supposed to be given in 3 years but I called builder again and again but no response. Someone told me builder didn’t get approval from government so construction is not started till now. Can I file complaint?

Ans.  

Answer 1:

Yes, you may file a police complaint for cheating, breach of contract, and delay in delivery of apartment under Indian Penal Code. You also have option to move to consumer court for deficiency in service, even Insolvency proceedings can also be initiated against the builder company. For further information, contact us.

Answer 2:

Buyer has numerous options to claim its damage. He has below mentioned remedies: 

  1. Can ask for possession of same apartment within prescribed period of time by filing complaint.
  2. You can claim refund of paid amount and also amount required to buy an alternate option as per current market value.
  3. Can claim interest rate on payment made.
  4. You can file complaint in Consumer court to seek redressal in form of refund of amount, repossession of property etc.
  5. Can claim damages from builder for incurring loss of opportunity to buy property.
  6. If you want the possession only, then you can claim compensation for money spend on rent etc.
  7. Is it is a big builder company; you can initiate Insolvency proceedings in NCLT.

Do raise enquiry for more information and help.

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