Builder cheating case
I had booked a flat in an under construction redevelopment property by paying 60% of the consideration in 2015. Builder did not register the flat and inturn mortgaged some flats including my flat with a bank. I filed a RERA complaint in 2020 and simultaneously a criminal complaint (cheating, conniving, breach of trust) at the same time for refund + interest. After criminal complaint Builder provided PDC and all were bounced. When the time for final order arrived, RERA disposed the case that the allotment was done preRERA and cannot be prayed for refund in RERA. They ordered allotment is final between me and the builder. However based on FIR the builder got arrested in 2022 and got bail in 10 days. Currently he is being chargesheeted and I am also being advised by the cops to get the flat registered as the builder claims he doesn't have money to settle. He doesn't have any intent to pay also and on-purpose cheating and wants me to register the property through delaying tactics. I am also not sure when the builder will handover the property as there is indefinite delay in possession and only half completed. The builder is not showing any interest or taking actions to complete the project. I feel stuck and have taken lot of pains to recover my money along with interest. Will a civil suit enable to recover my money along with interest. Alternatively if i am willing to register to safeguard my flat, can I not pay the remaining 40% as the builder cheated and still get possession (whenever builder has completed the project). These are my doubts and need your help to seek clarity. Kindly guide and help