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Urmilaa (Entrepreneur)     31 May 2011

Builder's fraud case!!

I purchased a 2BHK flat at Shivne in 2008, Pune paid a sum of 2,50,000 including registration charges. Received the Receipts of all the payments till now. The builder has cheated all the buyers. His office is closed, he has put many general clauses in the agreement. but one clause is - none can complain even if the construction doesnt take place....

He has been staying near us for a while. He purchased some plots in his village, purchased a big voyager, and constructed 3 rowhouses in a plot at Bavdhan and sold it after our registration had taken place.He has also constructed a girls hostel at Katraj which is running in full swing.  I am brought up only by my mother so she is scared of filing a case against him.

My question is cant we put all these assets registration dates against our flat registration date and sue him. I have sold my gold kept for the wedding for this my own flat. Its not the matter, but many buyers would have faced a lot of problems due to him..

dont we have a right to ask for compensation against the delay and the mental stress and visiting torture to his house and offices again and again.

His all Rowhouses constructed are sold and he has smartly come out with profits.

Please help me by suggesting how could i get the names of other buyers so that we can come in majority and fight against him for our rights.

I didnt know what all has to be mentioned in here but can answer or give details of any query i can.

Waiting for a helpful reply.



Learning

 3 Replies

prabhakar singh (advocate)     01 June 2011

"None can complain even if the construction does not take place" why people do not smell fraud in these type of clauses,perhaps due to ill fate or extra greed???????????  Let it be as it is.      

you can file a suit of recovery or performance of contract depending upon the terms incorporated in your deed and subject to law of limitation and can get his properties attached by moving a petition of attachment brfore judgement on prima facie proof of  apprehention that your builder is such a roug that he would sell away every thing before decree, to make decree inexecutable.

Yuo can also charge him of fraud via lodging FIR to police. GO for both is my advise, The said term will not provide any defence to him in a court of law and rather go to proove his well planned preprepared project to fraud the public so his activity is a threat to law and order and an offense  not only against INDIVIDUALS BUT ALSO AGAINST THE STATE AS THE FRAUD HAS BEEN COMITTED AGAINST MASS.

MAKING A GROUP OF THOSE VICTIMIZED LIKE YOU IS A GOOD IDEA TO WAGE A WAR AGINST THIS CHEAT. TRY TO MAKE PUBLICATION OF FACTS IN LOCAL NEWS PAPERS HAVING CIRCULATION AND CERCULATE HANDBILLS INVITING VICTiMS TO UNITE FOR FIGHT THROUGH HELP OF NEWS PAPER HAWKERS OR OTHER MEADEAS AVAILABLE TO YOU.

But mind Money and damages can be recovered only through civilsuit ,hence either go for both or for only civil if there is election of action on your part.

prabhakar singh (advocate)     01 June 2011

HEY GOVT. PLEASE COME FORWARD TO SAVE GENERAL PUBLIC FROM FRAUD OF BUILDERS WHO RUNAWY LIFE TIME SAVINGS OF POORS ASPIRING A HOME. WHY A REGULATER IS NOT HERE TO LOOK THESE ASPECTS TO CHECK AND BALANCE BUILDER AFFIARS.


(Guest)

I agree with prabhakar advise.


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