Fraud by builder
Sandeepsingal
(Querist) 09 October 2016
This query is : Resolved
I had purchased a flat from a builder which serial number is B1. During purchase the builder had confirmed the flat is free from all the dues and the same had been mentioned on the registry copy also. Based on the registry copy, one nationalized bank has given the housing loan to me.
Later another nationalized bank had pasted a notice on my flat door that the flat number A1 has been mortgaged (before I purchased the flat) by the builder and due to non-repayment of the loan, the bank will auction the flat. We approached the bank to inform them that they have pasted the notice on the wrong door (my flat serial number is B1) as A1 flat is my neighbor flat. But the bank confirmed that as per the location on the mortgage registry copy, it’s my flat and serial number does not matter.
Then we approached to the builder and he confirmed that he had taken a loan by fudging the document. Now on following up with builder he is saying he does not have money.
We have filed a FIR under section 420 against the builder and charge sheet has been filed. But seems builder has some political influence so there is not much progress in my case.
Question –
What should we do to make a progress in the case?
As builder’s sons worked in MNCs what the action taken be taken against them?
adv.bharat @ PUNE
(Expert) 09 October 2016
U can filed case against the builder for fraud with you.
Sandeepsingal
(Querist) 09 October 2016
I have already filled 420 case against builder. Charge sheet has also been submitted.
but the case is not progressing as builder has some local influence.
Also as builder's son is working in MNC, can I take any action against them
Rajendra K Goyal
(Expert) 09 October 2016
Court cases take time.
Has the builder been arrested and is on bail?
You should engage your own lawyer in the court to protect your interest.
If the son of builder was not a partner / director in the builder's firm no action can be taken against him.
Siddharth Dev
(Expert) 09 October 2016
You should also file a civil suit against builder/ seller
Siddharth Dev
(Expert) 09 October 2016
Suit for damages and recovery
Rajendra K Goyal
(Expert) 09 October 2016
Also lodge complaint with the District Consumer Forum against the builder.
Guest
(Expert) 09 October 2016
You need to appoint criminal lawyer who will guide you properly in the case where charge sheet is filled.
Govt. adv. are less bother and they have hundreds of cases with them
Kumar Doab
(Expert) 09 October 2016
Lodge complaint with DCDRF also.
R.K Nanda
(Expert) 09 October 2016
Nothing to add more.
Guest
(Expert) 09 October 2016
Unbelievable story! It seems to be totally a hypothetical academic query!
Anyway, please clarify the following points:
1) By your statement, "But seems builder has some political influence so there is not much progress in my case," do you kean to say the judge is under political influence?
2) What do you mean to say by "WE" when you asked, "what should we do to make a progress in the case?"
3) What is the opinion of your own lawyer on your questions?
4) What is the link of the son of the builder working in an MNC?
At first discuss on every point of your doubt with your own lawyer, then come forward to this site to clarify on the doubt on which you are not satisfied with your own lawyer with difference of your own opinion on the issues discussed with him.
Kumar Doab
(Expert) 09 October 2016
Don't give up the possession.
Like you bank is also under obligation to conduct due diligence and catch the fudged documents.
So that while seeking legal opinion by anyone else, there is no confusion between A1,B1.
Certainly you need to engage a very able counsel to defend your interest.
Bank is probably proceeding for symbolic possession.
P. Venu
(Expert) 10 October 2016
The criminal case may take its own time. Even otherwise, it may give no relief to you against the Bank esp. because the builder is penniless. Employment his sons may not be of any relief to you.
Try to obtain copy of the mortgage deed. The wrong details could be of help to you.
'But the bank confirmed that as per the location on the mortgage registry copy, it’s my flat and serial number does not matter.' That is the personal opinion of the Bank official. Perhaps, it may certainly matter.
Guest
(Expert) 10 October 2016
Mr. Sandeep Singal,
If yours is not an academic query, is there any specific reason for not replying my questions?
Kumar Doab
(Expert) 10 October 2016
Before you are dazzled by legal web woven by Bank/bankers, builder and his battery of legal team, approach your own very able counsel and act ASAP to defend your interest.
Rajendra K Goyal
(Expert) 10 October 2016
Author may proceed as advised by the expert Kumar Doab if the story is actual.
Sandeepsingal
(Querist) 11 October 2016
Thanks All
For your valuable comments and direction -
This is true and nothing academic.
@Mr. Dhingra - Please find my reply to all your queries -
1. All other experts have pointed out to hire an able counsel. I have also done one but not sure his ability now except seems he is in--------. You are a law practitioner and know better than me. Otherwise after a documented fraud, 420 FIR and charge sheet how can a builder be out of Jail for last 4 years.
2. I am not technical expert so mentioned we. I am looking for best advise from the expert about the actions can be taken against such rouge people(builder)
3. I believe i answered in 1st point
4. Builders say that now he has no link with his sons. who knows he would have transfer money to their children and cheating other people and showing himself penny less. Can we also take any legal action against his children.
@Mr. Doab - I have already filed case against bank as Mr. Venu point is very valid how can bank claim a different serial number house.
I have also filed Civil suit and DRT case against bank.
420 case against builder.
But looking legal points how a bank can claim different serial number flat.
One more technical point if in my apartment there are four flats in a floor. my flat has four floor and each floor has serial number(ABCD). Can a builder change the sequence of serial number on all the floor means can he put the serial number B2 on 2nd floor on above the same flat in first floor which serial number is A1 or the serial number of the flat on 2nd floor should be A2.
Property mortgage with bank has the inspection report which shows that the flat is well constructed means tiles, plaster etc. but when I purchase from builder it was raw and nothing was done everndoors were not properly fitted. Which shows a nexus between builder and ----.
Sandeepsingal
(Querist) 11 October 2016
One additional comment -
My experience after this incident is that it is the toughest job to hire a fair law practitioner who give a true advise.
Sandeepsingal
(Querist) 11 October 2016
One more comment one nationalized bank also given me loan on m sales deed. he would have also done the due diligence the who is wrong
Rajendra K Goyal
(Expert) 11 October 2016
searching good lawyer is not a tough job, some lawyers are really knowledgeable, sincerity of whom can not be questioned, may not be impressing the clients much.
You should try to attend the court on each hearing and have trust in your lawyer.
Court cases are time and cost consuming, if have to face, face with patience and boldness, would fetch results.
Guest
(Expert) 11 October 2016
Mr. Sandeep Singal,
Facts, if revealed in isolation and in piece meals may not help you to get purposeful advice from any of the experts, may he be quite perfect in law. Several aspects have to be kept in mind before rendering a purposeful and action-oriented advice by going through the whole lot of facts in entirety.
I am in full agreement with you that "it is the toughest job to hire a fair law practitioner who give a true advice." But unless you engage one lawyer, discuss the problem in entirety with him, get convinced with him, what can you expect to do at your own if you get variety of opinions, suggestions or advice from the LCI members, which if contradict to one another, as based on your raw and incomplete facts. That may rather confuse more than guide you, if you do not come forward with your real doubts arising in your mind after detailed discussion with your own lawyer.
So, it is better to first discuss the whole matter with your own lawyer and ask your queries pertaining to your real doubts that still remain in your mind. That may help you immensely.
Otherwise, you may also consult any one of the experts of LCI, whom you consider fit to help you in real sense, by getting the case related documents examined in detail by him. Only thereafter you may hire services of a local lawyer to fight your case, as you would be clear in your mind on what and how to get your lawyer work according to your requirements.
Your other apprehension, "who knows he would have transfer money to their children and cheating other people and showing himself penny less," can also not be overruled. But, question arises, if you don't have or collect any evidence in support of your apprehension, where would you stand, even if you hire the best of the best lawyer to fight your case. Every lawyer you hire would depend upon the facts provided by you only. Please be aware, fabrication, if any made, cannot substitute facts. Fabrication always consist of loopholes to get detected any time.
Kumar Doab
(Expert) 11 October 2016
There are counsels of unshakable integrity and they are well known.
Gather irrefutable evidence.
Buyer beware is applicable in property deals.
Bank's/lender's own due diligence and defects in it may not be necessarily of any help.
