Can I take action against a builder as a buyer of a resale flat in under construction building.

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YOU NEED TO PURSUE BOTH CIVIL AND CRIMINAL REMEDIES AGAINST BUILDER AND AND FIRST BUYER BOTH

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Yes You can take action against Company, Builder and First buyer for delayed Possession in Consumer court for deficiencies of services and unfair trade practices  as well as Civil Court for breach of Contract. A criminal complaint can also be filed.

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Ys under many provosions

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According to RERA(Real Estate Regulation Authority) in case of delay in possession of property beyond stipulated time and builder default, as per the agreement of sale, the buyer has the right to claim the refund of the amount paid along with the interest.
Since you have not purchased directly from builder still you can take an action against the builder, you can serve a legal notice for possession of property  and secondly for compensation for delayed  possession of property beyond stipulated time. On no response from the builder you can prepare petition against him stating facts and evidences and file the petition against a builder in consumer court. Though buyers have the right to file complaint on the grounds of deficiency in service as it has been defined in Consumer Protection Act 1986.

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