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Developer not constructing the flat asking for more money again can i file a criminal case on md ?

(Querist) 22 October 2014 This query is : Resolved 
Hi Sir,

This is Rajesh babu Koppala from Bangalore. I bought a flat in Hydrabad in June 2012 with a promise delivery data as Jun 2014, but till now the builder did not start my Tower, need you help on how to handle this situation

Details:
Group: Aliens Group
Project: Aliens Space Station One
Place: Hyderabad
Project start year: 2008, Pre launch in 2006
Total number of Flats: 2180+


Project is Grouped into 13 Station, each Station Has 5 to 7 Towers of 30 Floors each.


Till date the developer constructed only 1 station completly and 1 station half done, gave handovers to only 7 customers, all the customers who invested here are in great trouble, we are not sure how to goahead, can you help us how to handle this issue.


Developer is asking us to pay another 40 to 50% more money to give the flat or start construction.

There are nearly 260+ cases on the developer in State and National Commision, many cases got in favour of customers but even then is is not paying money and going to higher courts.

Can i File a criminal case in High court with sections IPC 406, 420, 468 & 120b.

Can we file a case in Bangalore if the property is in Hyderabad?

Sir need you help, please help us.
Devajyoti Barman (Expert) 22 October 2014
Yes , case of cheating can be filed. However if you file case in consumer forum then you can get damages as well along with refund of money paid if any.

Case is to be filed in Hyderabad only unless the Directors stay in Bangalore or its any branch office is at Bangalore.
Rajendra K Goyal (Expert) 22 October 2014
File complaint with the consumer forum. Should file criminal complaint for cheating.
Advocate Bhartesh goyal (Expert) 22 October 2014
Agree with experts.
Rajesh (Querist) 23 October 2014
Hi Devajyoti Sir,

You mean to say I need to file a complaint in both High Court (for Criminal case) and also State commission for getting damages along with refund of money paid to the developer.

Damages means the interest paid to the bank and other costs?

Regards,
Rajesh
ajay sethi (Expert) 23 October 2014
criminal case has to be filed before magistrate court in Hyderabad not in HC .
further complaint before consumer forum or state commission would lie depending upon reliefs claimed
ajay sethi (Expert) 23 October 2014
you have to seek compensation for mental torture you have undergone . your lawyer would do the needful
T. Kalaiselvan, Advocate Online (Expert) 23 October 2014
It is advisable to consult a lawyer in Hyderabad, apprise him of the situation and proceed as per his further advise on the subject issue.


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