1) Civil Remedy

March 24, 2017, 17:02 IST
In a situation where a builder commits a breach of obligations as per the Agreement, homebuyers can approach a Civil Court and file a suit for injunction/damages or refund of amount and interest thereof under the Code of Civil Procedure, 1908.

When the builder commits any unfair trade practice during the execution of his obligations as per the Agreement between the builder and the buyer, the homebuyer can approach civil court against the builder for recovery of the amount already paid by him.

Pros: The buyer can get an immediate order for injunction under O. 39 R. 1 & 2 of Civil Procedure Code wherein home buyer can get immediate interim relief.

Cons: In a Civil Suit, the limitation for adjudication of case is longer as compared to the other remedies. And court fee needs to be paid for the amount claimed in order to initiate proceedings.