Cheating & fraud by mahagun india pvt ltd

Move the court for specific performance of contractual obligation of builder, through your local lawyer. 

You are absolutely right, the builders' behavior prior to purchase and after purchase differs. they change their color after pocketing the money of the flats sold.  They don't bother to not only to respond properly but also act so indifferently without any regard or respect to the social status of the buyer.  This is a common sight prevailing in almost all the places across the length and breadth of the country even among the reputed builders. Under the circumstance, you may vent out your anger and grievances in the form a legal notice demanding the relief sought, subsequent to which you may drag the builders before the consumer forum for compensation towards the damages for mental agony and other issues.  To tame and shame the builders, you may even issue a press release against the builders describing their indifferent and irresponsible attitude towards the purchasers after sale. This provocation will certainly bring some respite of desired results. Consult a local lawyer and proceed as per his further advise.

---I disagree with Vashista sir, Suit for specific performance will not work.  Because the units covering agreement  itself is not in existence. As there is no permission for the units, it is evident that there is no existence of units (Flat). 

You have to file Consumer case against your builder for recovery of amount of Rs.5 lacs along with damages, interest and legal expenses.  Simultaneoulsy, you have to file criminal case against the builder (indiabulls) for cheating and fraud. 

Do not take alternative flats which is selected by Builder.  Instead of that you select an area of your choise and then put a demand to them.  If they agree, then drop the above cases.  For further doubts contact me ravinder2345@gmail.com.

Dear Ravinder ji,

You have correctly opined that the units are not in existance, I agree. I also agree the querist has the option to move to Consumer forum for deficiency of service of the builder.

You will appreciate that the querist has booked a flat at 20th floor, which has to be on a concluded contract.  The builder did not get permission or whatsoever reason/excuses, failed to deliver possession of the flat, consequently the querist has all the rights to get the terms and condition of agreed contract enforced through the course of law, where querist can also seek ex-parte ad-interim injunction for creating third party interest in entire property, if the builder did not construct and sale out units to other prospective purchasers. 

Thanks to all learned who gave their opinion in this case.

I want to understand that can I make my financing company i.e, Indiabulls party to this cheat & fraud as the technical team of Indiabulls would have verified all the papers of the builder. If builder didnt had the legal permission from the respective authorities how come they finance on such projects/units.

It would take time in court to get this case settled but what about the monthly EMI I would be paying to Indiabulls knowing that the builder cant give possession on the said unit.

Is there any guideline by RBI or any other Institution where I can file a separate case against Indiabulls to stop my EMI till the case is resolved..

The India Bulls cannot finance the project or grant loan without proper legal opinion.  If the said finance company has gone ahead with sanctioning of loan without obtaining proper legal opinion, it can be assumed that the finance company is in collusion with the builder as apart of their game plan to cheat the customers.  You can draw the finance company India Bulls to the legal battle so that they will arrange to settle the issue amicably by pressurising the builder because the opinion to this loan was given by the advocates in their panel, so they are bound by it.  Do not compromise with the builder for an allotment at a different location which will not be conducive to you or is not acceptable to you. Instruct your lawyer properly and firmly about your decision and watch him closely so that there are no slip outs.

I mailed to the CEO of Indiabulls & brought the case into their notice.

Their reply was : 

With regards to your complaint, kindly write to Mahagun India Private ltd. Since the discrepancy is at the level of the builder, bank or real estate of  Indiabulls cannot be held responsible for same. Kindly direct your inquiry to the right source

Again I mailed that if the discrepancy is just with the builder then I should be provided with all the legal documents on behalf of which Indiabulls financed the Unit.their reply is awaited.

Also I, mailed to the directors of the Builder company to provide me all the legal documents.Their reply is also awaited & I am sure that they dont have it.

You are right, now both will be indulging in dilly-dally  of the main issue to escape the liability/responsibility.  I suspect this will very well in the knowledge and  in connivance of the authorities of both the concerns/firms.  They will keep passing on the ball from one court to another.  Legal action against both will bring solace to your problems. After filing the case before appropriate consumer forum, you may bring it to light for the knowledge of general public and affected parties through a press release which will have an expeditious action from both the reputed firms who will not be willing to allow the issue to spoil their name/reputation  any further resulting into business loss.