Indian Penal Code

Querist : Anonymous (Querist) 23 August 2010 This query is : Resolved
case is that....i am the complainant.. as per the registered agreement in respect of the flat which i have purchased a specified area and have paid accordingly to the builder.. but at the time possession i got measured my area of the flat through registered valuer and found that 50 Sq. Ft. were falling short as against what was mentioned in the registered agreement... i initiated complaint against the builder... magistrate thought fit to take police report... in police report... builder admitting that not exactly 50 Sq. Ft. but some area is falling short..i still don't have possession of that flat... can magistrate issue processes in this circumstances... guidance needed for argument.if possible any case laws which would support my case???

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s.subramanian (Expert) 23 August 2010
Certainly the magistrate can issue process. The difference in the measurement is of no consequence when it is certain that the area is lesser than what has been agreed upon. It amounts to cheating.

Querist : Anonymous (Querist) 23 August 2010
thanx for ur reply.... inspite of me not having possession of the said flat.. can the process be issued???

pawan sharma (Expert) 27 August 2010
no, bcz your case pertain to civil law in my opinion.

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