Community › Forums › Legal Advice India › Need help from property lawyers
- This topic has 7 replies, 4 voices, and was last updated 1 year, 2 months ago by
Desiknight9081.
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EEpiclion5252
PARTICIPANT
April 23, 2025 at 4:39 amHello people,
My parents had bought 2 flats in Palghar, Maharashtra in 2014 (Not RERA registered, since RERA act was passed in 2016). The registration agreement promised us possession by 2016. The builder had 3 buildings (A, B and C wings of the same building in the same place) under construction at that time and had completed the construction of A and B wings of the flat and had given the possession to the buyers. We had bought 2 flats in the C wing of the apartment. The builder has not yet completed the construction of the flat. When tried to contact the builder, he initially started providing excuses that he had some delay in getting the raw materials and then he just kept declining our calls. Later one day, when we got hold of him from someone else’s phone, he asked us to complete the remaining construction work of our flat and get the possession ourselves. Now, we are unable to contact him as well.
It has been 10 years since we have been trying to get the possession of our flat or our money back. The rental agreement says if the builder delays the possession we are liable to receive some penalty amount. We don’t even need any penalty amount, we are from a lower middle class family and would just like to get our hard earned money back. It is literally my dad’s entire life savings that we have paid for this flat. He is over 60 now and he can’t even afford to retire because he has lost his entire life savings.
Since this not RERA registered, I don’t think we can register a complaint in RERA against him. Please give some suggestions as to what we can do to get our money back. Thanks in advance! -
MMiteshbro14
PARTICIPANT
April 23, 2025 at 5:31 amDepending on the price of the flat, you can either file a case in state or national consumer forum but it takes years to get a judgement though the judgement will eventually be in your favour-
DDesiknight9081
PARTICIPANT
April 23, 2025 at 5:41 amThere might be a limitation issue before consumer courts.-
MMiteshbro14
PARTICIPANT
April 23, 2025 at 9:31 amOh. Then that is terrible-
DDesiknight9081
PARTICIPANT
April 23, 2025 at 10:11 amNo Sir, Iโm sure it can be figured out some way or the other. Especially if the cause of action is continuing.
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BBrightseeker9869
PARTICIPANT
April 23, 2025 at 6:11 amFile the case in consumer court. Iโve had the opportunity to contest and later win such cases. Although Iโm a lawyer based out of Delhi not Mumbai.-
EEpiclion5252
OP
April 23, 2025 at 12:17 pmHow long was the case in court for? Also are virtual hearings possible?-
BBrightseeker9869
PARTICIPANT
April 23, 2025 at 1:18 pmThere is no definite timelines for these cases. It depends upon a lot of factors. It would surely take a couple of years to arrive at courts decision but sometimes builders approach complainants for settlement earlier.
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