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kumar_delhi (PL)     02 December 2009

FIR & Consumer court case both can be done or not.

I have purchased a Flat through transfer in March 2007, which was initially booked in August 2006. I have signed builder buyer agreement and Tripartite Agreement with bank & builder and paid 95% of the Flat cost + Car Parkin & Prime location charges (Around 22 LAKH) in March 2007. Possesion of this Flat as per agreement was OCT 2008 but even 1 year more passed builder has not even started the construction of the tower in which I booked the Flat. Builder has built up few other towers in which construction is going on and for few towers possesion has been given last month. I got to know from few sources that  the Tower Area in which I booked the Flat, builder has planned to purchase more land adjacent  to my tower and changing his previous MAP & LAYOUT plan hence he has not started the construction for my Flat tower.

I have given written complaint to the Bank also that builder has not started the construction even after 3 years of availing home loan from your branch hence you should recall the loan as per tripartite agreement. Bank has not taken any action as they are bribed heavily to give home loan for this cheat builder. I am paying monthly EMI of 20,000 Rs, for last 3 years. As per homeloan rule bank should have ensured that their money should have used for Construction only but they arenot bothered even I have filed a written complaint to their Head office & bank branch.

I have filed a case in state consumer forum last month against the builder and I heard from builder's employees & other sources that builder has done the same with atleast 50 person. I heard that he is planning  to runaway to abroad as he has many many rupees crores of people money.

Please advice me whether I can lodge FIR also for the same or not as I have filed a case in Consumer court.

Please let me what are other actions are possible and what consequences of FIR.

Thanks,

Sahu



Learning

 4 Replies

Dhiren Akbari (advocate)     05 December 2009

you can file a criminal complaint even though you have filed a consumer case.

 

aman kumar (SUPERVISER)     14 December 2009

i do agree with akbari

SURENKUMAR B SHETTY (Advocate)     16 December 2009

You can do both consumer & criminal case simultaneously . And if the property is situated in the state of Maharashtra then you can file case under MOFA Act .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 December 2009

Consumer Protection Act (CPA) is  declared as a   "ADDITIONAL REMEDY"  over and above and apart from ANY & ALL other Laws.

Aggrieved party can file a Criminal case, a Civil case and a Consumer case,  all together in different courts for the same cause of action, as applicable.

The following links may be read for better understandings :

https://www.lawyersclubindia.com/forum/message_display.asp?group_id=11916
https://www.lawyersclubindia.com/forum/message_display.asp?group_id=12143
 

Keep Smiling .... Hemant Agarwal

 


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