Community › Forums › Legal Advice India › Builder not developing flat
- This topic has 8 replies, 4 voices, and was last updated 1 year, 1 month ago by
Fierceking4417.
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FFierceking4417
PARTICIPANT
April 28, 2025 at 5:19 pmI had booked a flat in 2019 and the builder has not yet developed the building.To give some context, the builder started developing the society in 2015 and land clearing even earlier. They first developed the SRA and then main buildings. So it was planned to have 6 wings from A to F out of which C to F is developed with OC but the A and B wing [where I had purchased] has only been constructed only till plinth the CC was only till plinth.
The work didn’t not commence from covid, just got the OC for other wings and stopped any work. It was a partnership project of which one builder got bankrupt so the other builder took over the work and they have done nothing positive.
We kept visiting builder from time to time and the builder kept fooling us that soon work will start, just some paperwork is stuck in some environment somewhere in MOEF committee which then according to them got disbanded for few months to be moved from Delhi to Mumbai. I think it’s stuck in some litigation, or fucker is waiting for making profit somehow by waiting till the price of the land increases or some political party winning giving him some advantage. God knows.
We even tried to threaten him about RERA but he laughed on our face, saying MAHA RERA is nothing and they don’t care. I can confirm that the RERA is useless as the builder has not even taken any extension on the project yet there is no action then from their end against the builder.
As I have done my registration and paid till plinth my large amount is stuck in the flat, I don’t want just the money back from builder without the 6-7 years of my money stuck with him which I could have used for MF or even FD for that matter to earn or buy better home.
Looking for some suggestions on how to get my money with COMPENSATION for all the lost time or get to make him finish the construction.
Im really very FRUSTRATED from the constant tension and getting no where with the builder.
What can be my next steps to raise a case, how long can this take and what are my options to get this fixed with some positives? -
FFiercejigar8322
PARTICIPANT
April 28, 2025 at 5:35 pm# 1. File a Maha RERA Complaint (2–4 weeks)1. Go to your State RERA portal and register a complaint under **Section 31 RERA** for “delay in possession” (fee ₹1,000) .
2. Upload your allotment letter, payment receipts, plinth-level CC and OC of other wings as proof .
3. You’ll get a complaint number and first hearing date within 3–4 weeks .# 2. Demand Interest & Refund (immediate in RERA order)
1. Under **Section 18 RERA**, ask for interest on all amounts paid from the promised possession date until today.
2. If delay is “unreasonable,” you can also seek cancellation and 100 % refund with interest.# 3. Parallel Consumer-Forum Case (6–12 months)
1. File in District Consumer Forum for “deficiency of service” under CPA, 2019—no minimum value limit .
2. Claim 6 % p.a. interest on your payments + compensation for mental harassment (forums typically award ₹50 K–₹200 K) .
3. The builder’s failure to deliver within 42 months makes refund plus compensation mandatory .# 4. Enforce & Escalate if Needed (2–4 weeks per step)
1. If builder ignores RERA order, file execution under **Section 40 RERA** to recover compensation as arrears of land revenue .
2. If consumer-forum order isn’t followed, file execution under **Sections 25/27 CPA** or a writ petition under Article 226 for mandamus .-
FFierceking4417
OP
April 28, 2025 at 5:53 pmAmazing, that’s a helpful answer. Let me try and understand the steps and if any doubt will ask here.Thank you.
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AAshishmaster940
PARTICIPANT
April 28, 2025 at 6:31 pmLawyer here.Maharera fees is 5000.
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FFierceking4417
OP
April 29, 2025 at 9:35 amAlright, thank you for informing.
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CClevereagle2911
PARTICIPANT
April 28, 2025 at 6:23 pm@OP , road ahead are not smooth.Whatever efforts you are going to take , are all costly. People are waiting to make profit from you.
You should consult with your parents. At this stage you can trust only them. If your parents are not capable , please consult with very senior experienced persons for a solution.
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FFierceking4417
OP
April 29, 2025 at 9:33 amYeah might have to go to a lawyer only-
CClevereagle2911
PARTICIPANT
April 29, 2025 at 9:41 amlegal expenses are costly. If you need to go , please go to competent lawyer only . Don’t judge by internet review for lawyer selection. Most reviews are fake and paid. Go by mouth references.-
FFierceking4417
OP
April 29, 2025 at 9:51 amYeah will ask someone who had raised complain against the builder for reference
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