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Can i file the case in consumer forum?

(Querist) 25 January 2013 This query is : Resolved 
Sir/Madam, we have booked a flat (apartment to be constructed)at Hyderabad 5 years back and paid 4 lakhs as first installment. But later we have found that builder had not started the construction work due to some reasons which is known to him. So we stopped further payments and asked to refund either our money or construct and give the flat as per the agreement. Neither he started construction nor he has refunded inspite of our repeated requests. Meanwhile he has revised the agreement, though he has dropped the construction altogether. The revised agreement date is also about to expire in another 3 months to come. We have realized that he is unwilling to refund the money. Since he has betrayed his customers, can i file complaint in consumer forum? Where i have to file if at all we have to file in consumer forum. And what is the procedure for filing. We are from Pondicherry.
Arvind Singh Chauhan (Expert) 25 January 2013
Yes you can file complaint to consumer forum. take help of local lawyer. You can initiate criminal proceeding also, by lodging FIR for cheating.
ANIL KUMAR 8867907494 (Expert) 25 January 2013
U can file it in consumer court at Hyderabad , just u have to narrate the facts and produce agreement copy and payment details to the court
K.K.Ganguly (Expert) 26 January 2013
1. You should lodge a police complaint against the builder for cheating you,
2. Additionally you can file a complaint case before local Consumer Dispute Redressal Forum alleging deficiency in service and unfair trade practice claiming the possession of the Flat or an amount equal to the cost of similar Flat, damages & cost.
R.K Nanda (Expert) 26 January 2013
agree with experts.
prabhakar singh (Expert) 26 January 2013
Both of the remedies suggested are available to you.
V R SHROFF (Expert) 26 January 2013
file cheating case u/s 420, Also go for consumer forum
Advocate Bhartesh goyal (Expert) 27 January 2013
I do agree with experts.
Raj Kumar Makkad (Expert) 27 January 2013
I do agree with Ganguli.


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