Builder not giving possession
Mukesh Sharma
(Querist) 10 September 2013
This query is : Resolved
Dear sir,
In 2011 I registered F.I.R. in local police station u/s 34, 420, 506 and also filed consumer complaint against builders for cheating and deficiency in service.
After three months he got ready to give flat and I have paid the balance (full) consideration amount to the builders (have all documentary proof), he promised to give possession in Feb 2012 and same is mentioned in Registered Agreement For Sale, but after taking entire money again refused to give flat.
Recently I got light bills of more then 4,000/- Rs. for one month and on inquiry I came to know that builders are using my flat for their own benefit.
Kindly suggest me any section / Act so that I can file criminal complaint along with section 406 of IPC (breach of trust).
Consumer complaint has been dismissed on some technical points by State Commission. charge sheet has been filed by police on 2011 F.I.R., favoring builders so that it should be declared civil matter (They despite my request did not included the complete document by stating that is not mentioned in F.I.R.).
Kindly suggest me on this topic.
Your friend,
Adv. Mukesh
Mob : 09819249008
email :adv.mukeshsh@gmail.com
ajay sethi
(Expert) 10 September 2013
file fresh complaint before consumer forum as now you have paid full consideration to builder and regd agreement for sale has been entered into .builder has failed to handover posession which he is bound to do so .
i presume dismissal of consumer complaint has been prior to making full payment to builder . what are the technical issues dfor which complaint was dismissed .
Rajendra K Goyal
(Expert) 10 September 2013
Again file complaint to consumer form.
Raj Kumar Makkad
(Expert) 11 September 2013
Take shelter of consumer forum with all facts. Your lawyer shall gide you properly.
Mukesh Sharma
(Querist) 12 September 2013
Thanks for your valuable replies.
But I have a query,
what about the "Res Judicata" in the present
matter ?
