Harinder Pal Singh (Owner) 31 March 2017
Nitish Banka (lawyer) 31 March 2017
No, for offence of cheating you need to show un lawful gain or loss by the builder, you need to satisfy ingredients of cheating a simple recovery suit cannot be filed under the IPC.
Advocate Nitish Banka
SOLOMON.RAJ (advocate/director) 10 May 2017
Dear Harinderpal,
If the builder has cheated you and that the said ingredients constitute cheating under section 420 of the Indian penal code and if you have documentary evidence and witnesses to prove , you have a case. You can either lodge a complaint at the concened jurisdictional police station or if the police denies in registering a case against the said builder you can as well file a private complaint at the magisterial court's.
![Dr. MPS RAMANI Ph.D.[Tech.]](/img/avatars/my_avatars/84227.jpg)
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 May 2017
Yes you can file FIR even when a consumer complaint by you is pending before the Consumer Court. Consumer case is a civil case for recovery of the amount. An FIR is in a criminal case which can lead to punishment for the accused under IPC.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 29 May 2017
Besides that you can also file a complaint as per new act against builders & developers
Nitish Banka (lawyer) 27 January 2018
If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.
One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.
Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.
But how this is going to help you…
If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum
Again a legal proceeding I don’t want to get into all this…
Well this is a different procedure here you file a case in a group like 5-10 people.
What about legal cost?
Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.
Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.
Is it effective.
Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.
This way at low cost you will get effective remedy.
to know more just mail your query at nitish@lexspeak.in
Adv. Nitish Banka
9891549997
Anjali Jha 30 July 2018
Are there any judgments to support this?
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