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Manoj Gupta   20 May 2023

Police filing c summary report

Roughly 30 members paid registration amount of 10 lacs in year 2013 to a builder for building flats for us in Delhi. 

Despite repeated reminders there was no progress and in year 2020, 10 of us filed a criminal case against builder under ipc section 406, 409 and 420.

Last month we received a call from Police that they have concluded their investigation and now going to close FIR with C Summary. Police suggested we ought to file case with consumer court 

Please explain what is C Summary and also if builder can now file a case of False FIR against us or a defamation suite 

We donot want to go for petition for reinvestigation as all are tired of court procedures.

So please explain any negative impact on us because of c summary



Learning

 2 Replies

aayush kuchhal   30 May 2023

Hi Manoj,

C Summary Report is the report which is filed by the police where the investigation is incomplete since the facts provided by you to the police is neither true nor false or such facts are incomplete facts. In some scenarios, police file C Summary Report where the complaint is filed on mistake of facts or the offence is a civil nature offence.

You won't be having any negative impact of C Summary Report.

In my view, rather than approaching Consumer Court, you should approach RERA since consumer court mechanism is slow and RERA has been developed to tackle builder-buyer issues only. 

Regards

Aayush Kuchhal

Advocate-Partner

RVS Legal LLP

Niharika Lohan   14 June 2023

I'm Adv Niharika and here is my take on your query.

To answer your question. No, there will be no negative effect of the C summary report.

Alongside the completion of investogation and filing of C summary report, I now see three remedies available for you.

1- Filing a complaint at RERA

2- Filing a complaint at Consumer Redressal Commission

3- Filing a complaint at Permanent Lok Adalat  

Here is How to lodge a builder complaint in RERA? Follow these few steps to register your RERA complaint successfully. 

Firstly, visit the state’s official RERA website. Now search for the complaint registration page of the site. Click on the page or the link of complaint registration, wherein you will be redirected to a RERA complaint form. Here you must fill in all the required details about your complaint. Please note that you will have to furnish some personal information like name, address, contact number, etc. and supporting documents. This is to verify the authenticity of the complainant. Once the form has been duly filled, you can file a complaint by paying Rs 1000. If you complain to an Adjudicating officer, you need to pay Rs 5000. You can complete this transaction online efficiently.

Secondly, you can register a complaint in the District Consumer Redressal Forum, for the failing services of Municipal Corporation. At this Court, you can present your case yourself without engaging an Advocate. Here is How to file a complaint in Consumer Redressal Forum: STEP 1: Intimation via Notice: A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy. STEP 2: Get the Consumer Complaint Drafted: If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed directly by the aggrieved person. The following details must be specified in the complaint. STEP 3: Attach Relevant Documents: Copies of material evidence and relevant documents that support your case in Consumer Forum like: -A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought -Warranty/Guarantee certificates -A copy of the written complaint and notice sent to the manufacturer/seller

Thirdly, another alternative remedy can be filing an application before the Permanent Lok Adaalat of your city/district. RERA is Public Utility Services. Under S. 22(c) of the Legal Services Authority Act, 1987, PLA have jurisdiction to try cases concerning Public Utility Services. Furthermore, I’d like to state that applications before PLA are at the pre litigation stage and hiring an advocate is also not required to file an application before the said forum. You can directly bring the law in motion without any involvement of an advocate or pleader.

 I hope this information helps. For further query, you can reach me at niharikalohan@yahoo.com

 

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