Criminal Action against builder in Gurgaon

Querist :
Anonymous
(Querist) 08 July 2011
This query is : Resolved
I was in possession of an apt in gurgaon. I filed a suit for specific performance against the owner stating that he should accept the balance money owed by me per sale agreement and give me title. I received a status quo order restraining the builder from alienating the property. That order granting status quo got vacated and the builder sent some goons immediately and forcibly took possession and stole all my furniture/ fixtures/ appliances etc. I filed an appeal and the vacation judge ordered a local commissioner to report. The police refuse to register an FIR as the builder is influential. The courts are on vacation. My possessions were insured but the insurance surveyor cant assess the damage because the goons wont let him in. What can I do? Can any lawyer help me get an FIR registered? My civil lawyer says that there is not much he can do. The case seems hopeless and all the money I gave is also now lost.
Ashok Yadav
(Expert) 08 July 2011
You should apply to police station for lodging of FIR against the builder and his goons, if police is not taking any action apply it to ACP of the area where u resides, if he also not heeding then you should go to the court and file a complaint u/s 156 (3) Cr.P.C. The court will look into the matter and can order to police to lodge FIR.
How u lost your money? If u wont get flat you will get your money back from the builder through court, it can be suggested only after knowing all the facts and documents of your case.

Querist :
Anonymous
(Querist) 09 July 2011
i am advised that the gurgaon court will not order the fir under 156(3) since the builder is so influential. thus I will have to go to the high court and get it ordered. What I need is a criminal lawyer who is able to guarantee that he can get the fir lodged with a 156(3) APPLICATION TO THE COURT. The builder has also threatened my staff with violence if an FIR is filed.