Consumer court
Bharath
(Querist) 22 November 2012
This query is : Resolved
Hi,
I am Dr.Bharath from Bangalore. This is a problem with my builder who has not completed the flats.
I had purchased the flat for Rs.32 lacs but he made an agreement for 33 lacs stating that it is for paper only. Out of this, I have paid Rs.5 lacs initially by cash (drawn by me over self cheque) and later 10 lacs uncrossed cheque to his name. This has been recorded in the agreement (not registered) which is signed by him, his partner and the landlord. After this, I had paid him Rs.1 lac in cash (no proof). And 12.5 lacs has been released by bank to him. But now, he has completed about 70% of work and is absconding. The landlord and his partner are telling that they have not signed all agreements and he has forged it as well. His partner does not know about the payments at all. Now I wanted to approach the consumer court for justice along with other purchasers. But some of them are apprehensive that we have not made all in cheque transactions (but agreement proof is there along with bank transfer for loan amount released) and also the building is not as per plan or required norms (we have got legal approval from Vijaya bank before sanctioning loan). Will this be a concern? Now he has delayed possession by more than a year. We are facing issues with paying both house rent and EMIs. But he is absconding and enjoying his life. In such a scenario, can we get justice by approaching the consumer court (with the limitations mentioned)? Kindly guide us. Also can we file a case jointly or each one has to do it individually (because association is not formed)? Apologies for making it long but wanted to give the right picture. It shall be very useful to all 9 of us of this apartment and many more who might be facing similar issues.
ajay sethi
(Expert) 22 November 2012
all flat purchasers join hands and approach local police station and file complaint against him for cheating , criminal breach of trust .
also file complaint before consumer forum for deficency in service and ask for posession of flat and also for compensation . contact a local lawyer .
file separate complaints .
Bharath
(Querist) 22 November 2012
Dear Ajay Sethi,
Thank you very much for the kind reply. Do we have any limitations for approaching the consumer court because of not having complete cheque transactions and also deviation in plan (by the builder)?
And is a lawyer essential because in consumer courts, I have read that we ourselves can argue.
And regarding police complaint, we have already done that. But the police are telling that it is outside their limits and can only counsel him once we find him in the city. Rite now, he is absconding where they have not helped.
ajay sethi
(Expert) 22 November 2012
you can draft and file case on your own but better engage a lawyer . builder is bound to construct building aas per sanctioned plans . if he fails to do so he is bound to refund the money received from purchaser with interest .
you mention that __________amount has been paid by cash and cheque to builder .you must have some proof of cash having withdrawn from bank and paid to builder
Bharath
(Querist) 22 November 2012
The only proof I have is the agreement copy for Rs.15 lacs and the rest of the amount is given by bank, hence proof exists for that as well.
Sorry for posting one more query, but it is an apprehensive one, hence repeating.
Thanks a ton in advance.
ajay sethi
(Expert) 22 November 2012
you cna lodge consumer complaint . mention total amount paid by cash and cheque
