Unapproved property

JATIN SHAH (Querist) 26 June 2014 This query is : Resolved
DEAR SIR
I WANT TO KNOW ALL PROVISION OF REAL ESTATE
LAW IF ANY DEVELOPER SELL OR ALLOT A PROPERTY
WHICH IS NOT APPROVED BY LOCAL MUNICIPAL AUTHORITY . HE SELLS THIS PROPERTY BY REGISTERING FALSE APPROVED PLAN & DOCUMENTS,
WHAT ARE THE LEGAL ACTION TO BE TAKEN AGAINST HIM. IS THIS A CRIMINAL OR CIVIL OR
MOFA CASE

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Devajyoti Barman (Expert) 27 June 2014
He can be booked u/s 420 of crpc.
Case before consumer forum can akso be filed against him.

Raj Kumar Makkad (Expert) 27 June 2014
The act is civil as well as criminal. Both actions ca be got initiated.

Sankaranarayanan (Expert) 27 June 2014
Nothing more needed to add. I endorse experts suggestion

Rajendra K Goyal (Expert) 27 June 2014
Criminal and civil action can be taken against the builder.

T. Kalaiselvan, Advocate Online

(Expert) 28 June 2014
Yes, I too agree with the experts' views that the builder can be booked for cheating under criminal laws and for monetary compensation under consumer laws or civil law.

JATIN SHAH (Querist) 28 June 2014
WHAT TYPE OF COMPENSATION WE CAN EXPECT,
SAME AREA IN SAME VICINITY OR MARKET VALUE OF PROPERTY.IF HE DENIES , WHICH TYPE OF PUNISHMENT HE GETS,
WHICH COURT CRIMINAL OR CONSUMER GIVE FASTEST DECISION .

Raj Kumar Makkad (Expert) 30 June 2014
Criminal Court is not meant for the compensation in such cases so there is no comparison of the criminal court with consumer forum. Compensation should be applied as per prevailing market value of the property.

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