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NAVEEN ARICHWAL (Senior Resident Emergency medicine)     26 January 2014

Builder ready to compromise

A Builder in Faridabad , is Building, Marketing , a Group Housing Project , without getting License from Director Town & Country Planning, Haryana(Licensing Authority) . A complaint was Lodged in EOW Faridabad by me  and about 10 co buyers ,but after 4 months when the Investigation came to deadlock, than i Filed a Complaint to Ilaqa Magistrte in Faridabad court under section 156(3) , After investigating the JMIC came to conclusion that our complaint is corrrect and at present she has passed the order to summon the directors of The Builder company..The directors have to appear before JMIC court on 4th March2014. I have charged the Builder 406,420,467,471,34 ,506 & 120BIPC

Now the Companies Marketing and Advocates approched me via Phone calls and Emails and few Meetings were held between me and them , Where they have proposed that they will adjust the amount that i paid for the unit that i purchased in project that has no license, to another project which has license in Vicinity. And the Rate of the New dwelling will be same as that of previous Unit.  Hence i have provisionally agreed to That. 

  The Builder transfers me to a Legal project with same terms & condition and Rates as the old , project in which it had no License, also as per calculations, i have paid 40% of the cost in old unit and same will be transferred to the New unit, and new unit is a ready to move in with all approvals including Occupation Certificate. 

In such a situation when my case is pending in JMIC court can I do compromise with the Builder and exit the case?

What is the Procedure that i should follow, so that the Builder does not cheat me again?



Learning

 2 Replies

Magesh Malayalathan (ADVOCATE)     04 February 2014

You can compound the case by filing a compound petition as to the section 406, 420 IPC is concerned,  but if the case was made out on section 467, 471 IPC then the court will take cognizance and dispose the case in accordance with the law.  Since y

Magesh Malayalathan (ADVOCATE)     04 February 2014

You can compound the case by filing a compound petition as to the section 406, 420 IPC is concerned,  but if the case was made out on section 467, 471 IPC then the court will take cognizance and dispose the case in accordance with the law.  Since as an affected person you are ready to go compromise, the same may be reported before the court.  


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