Cheating by the builder
Sharma M L
(Querist) 19 April 2013
This query is : Resolved
I have booked one flat in under construction building in Mumbai and was issued allotment letter by the builder. Over a period of time i made full payment as per letter of allotment. I kept asking the builder to sign THE AGREEMENT FOR SALE and complete the registration process but he kept dilly dallying by giving one or other excuse.
I then sent a legal notice to builder to sign and register the agreement for sale and since he did not reply to the notice i filed a civil suit for direction to builder to sign the same. In reply to our motion he told the court in affidavit that he has sold the said flat to another person and created a third party interest.Since he stated that he has sold the flat to third party i filed a criminal complain for cheating against the builder with the police.The local police is not taking any action on my complain and verbally stating that since their civil suit is pending in this case no FIR for cheating can be lodged against the builder although i told them that it has become a case of cheating only after builder has stated selling the flat to third party and FIR should be lodged but police is not agreeing.
Can you please advise what is correct law in such matters and what should i do to get my FIR registered
ABHIJEET PARIKH
(Expert) 19 April 2013
Dear Mr Sharma ML
If Police is not ready to file a FIR then its advisable for you to approach the Criminal court having jurisdiction also when u approach court also mention the statement made by developer in the Civil Court to further corrobate it
The Court will order police to file a FIR and further pursue matter to recover your money
It is to be further noted that whatever amount you paid to the builder should be supported by proper evidence
Regards
Abhijeet A Parikh
R.K Nanda
(Expert) 19 April 2013
file criminal complaint in court against
builder for cheating.
Raj Kumar Makkad
(Expert) 24 April 2013
I stand with Abhijit. Follow the procedure told by him in detail.
