Consumer complaint
S.D. Singh
(Querist) 15 September 2014
This query is : Resolved
I filed an FIR against directors of builder Pvt. Ltd. Co. a for not starting constructing my flat after payment. Police arrested directors and filed charge sheet u/s 409/420 and the court after taking cognisance. Now please advise whether I can also file a consumer complaint for recovery of my money and the compensation. Will it affect any thing adversly on criminal case. Against whom consumer complaint should be filed whether ag. pvt. ltd. co. or ag. directors or ag. both.
Advocate Bhartesh goyal
(Expert) 15 September 2014
Yes,you can simultaneously initiate proceedings under consumer protection Act,there is no bar/restriction.under the provisions of I.P.C directors of the company will be punished by imprisonment and fine whereas in consumer proceedings you will be awarded by compensation and order of refund of paid money.
S.D. Singh
(Querist) 15 September 2014
Thanx sir. Please also suggest whether consumer protection act procedings to be launched against pvt. ltd. co. or directors or both.
Dr J C Vashista
(Expert) 16 September 2014
Yes, you should move to consumer forum/ commission.
You can file a suit for specific performance and mesne profits and damages. Besides this, suit for recovery with interest is also maintainable.
S.D. Singh
(Querist) 16 September 2014
is there adverse effect on criminal proceedings...
Akhil Dave
(Expert) 16 September 2014
Dear Mr. Singh,
As very well said by Shri Goyal, you can and you should certainly file the Consumer Complaint for Compensation with other prayer.
The Criminal proceedings & proceeding under Consumer Act are both separate. Do not fear about any adverse effect.
In consumer complaint, you can pray for refund of money with interest and various damages.
Regards,
S.D. Singh
(Querist) 16 September 2014
Thanx a lot to all experts.
S.D. Singh
(Querist) 25 September 2014
In consumer case, can we also pray for providing possession of flat by builder. Is it within power of Consumer Court to order O.P. to construct and provide possession of flat as per allotment letter. Because at present rates of such flat is very high. OR we can demand only compensation for not providing possession.
