Hon'ble Experts,
I have purchased a flat in year 2010 in Thane and took its possession in 2011,
The facts of the case are as below,
I have a case pending against my builder at Consumer Forum and at Hon'ble high court for deficiency of service and against his illegal construction since 2013. The builder in cross filed an extortion case against me and one other building resident (who is also a party along with me in high court against builder) at JMFC court and now the extortion case filed by builder is pending for EBC and builder is not giving EBC since last 1.5 years and his case is at dismissal on next date if he fails to give EBC.
Now to let you know the builder has formed society in 2014 and handed over the society in 2015 to the provisional committee without necessary documents. The provisional committee in its 2 yrs tenure failed to get important documents (related to accounts) as mandated under rule 90 of society bye laws. When filed complaint at registrar of societies, the provisional committee gave in writing that the builder has given them all the necessary documents as per rule 90 of society bye laws.
But now when i asked them to provide the documents given by builder to me as per rule 90, they (20 people of society) along with builder on 20th December 2017 have filed a false extortion complaint against us and the police has called us for statement. The complaint says that we have tried to extort 3,00,000/- in the year 2015 and we keep on sending 10 – 15 goons in building to threaten the society people. But the truth is that such incidents never happened at all and rather they are not able to give the documents. The provisional committee of society in past has approached, forced and threatened us numerous times to settle the case with builder which we refused to. The secretary in his letter to registrar of society has accepted in writing that the committee has approached us to settle the case with builder which we refused to.
Note: The current secretary already informed us that provisional committee and builder are conspiring against us and taking signatures from people on the same type of complaint that builder has filed against us. We have already filed a police complaint stating that few people along with builder are conspiring against us to implicate us in false criminal case.
Now i just wanted to know what can i do in this situation?
