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Deepak Sharma (Consultant)     07 May 2012

Complaint against fraud buider

Dear Sir,

 

Five years back I booked two flats with one builder who promised me to complete the flat within 2 years. I have already paid around 30% of both the flats. There are following several ways through which he is harassing me and making my investment insecure.

1) I have agreement papers with builder for both flats separately.

2) The builder never does any communication either written or verbal for the payment.

3) Till two years back he was promising to give the flat but since last year he is avoiding to meet the people. The flat is almost ready.

4) Now the office bearer of the builder says that he has sold my flat to someone else hence will not be able to provide me flat in this lot and again promising to give some other place.

5) I tried to find out about the builder and come to know he has been doing such mal-practice in the past as well.

6) Every time when we arrange to meet with builder through his office, he never meets, either does not come to office or escapes from back door.

7) When you ask anything from his office they always says they do not know anything and only builder knows everything. The office is just a show piece.

 

I have recently moved to abroad and whenever I go to India (Once a year) I follow up builder as neither office nor builder picks up the phone no matter if you call them from abrod or within India. His behaviour is completely rough, anti social and threatening.

Please can someone please suggest how to move forward under such circumstance, also I am not aware of process for consumer forum and hence I am completely helpless. Please suggest and send me the mail.

 

Regards,

Deepak Sharma

dks100.uk@gmail.com



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 May 2012

you can file suit for specific performance of contract by following the procedure.  You can also file a consumer case against the builder for not providing better service.

Deepak Sharma (Consultant)     07 May 2012

Thanks for your quick  reply advocate Rajeev,

As you mentioned about filing suit for specific performance of contract by following the procedure. But I don 't find the procedure in the reply. Could you please describe the procedure.

Another thing As I mentioned that I am living abroad, Can anyone please help me How can I file the case while I am abroad and how the proceedings will happen. I looking for bit clarity on this subject. Your help will be greatly appreciated.

Regards,

Deepak

Deepak Sharma (Consultant)     07 May 2012

Thanks for clarification Rajeev, Now I understood about what you want to mention about procedure. It is the legal procedure advised by advocate. Also where should I file the suit for both civil and consumer court. Can it be Jamshedpur or anywhere in India.

Daulat khatale (Admin Asst)     08 June 2012

The same thing has happened with about 125 persons including me. We are now forming society and filing the civil suit againt builder for Specific performance (i.e. we want the complete work and possession of the flat only). Also we will file a criminal case against him for cheating with so many people. If required we will go for consumer case individually. 

Deepak Sharma (Consultant)     10 June 2012

Hi,

Thanks for your support. My case is about a Jamshedpur builder, what about your case. Now I am hearing that the builder has sold the same flat to 2 - 3 people in his previous construction, so I am affraid, how to handle this situation.

Thanks

Nitish Banka (lawyer)     12 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

 

 

 

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