Froud builder

Prachi Kaushike (Querist) 10 December 2014 This query is : Resolved
FACTS OF THE CASE:

Mr. A has purchased a flat on the floor no. 4 of the building after signing the agreement to sell which is registered.

Now, municipal authorities have broken all the flats of 3rd and 4th floor of that building clamming it is illegal.

Mr. A went to builder asking possession of another flat, Builder is also ready to give another flat but on the 3rd floor, which is right now illegal subject to condition that he will make 3rd and 4th floor legal and Mr. A will have to get transfer to floor no. 4 when it will get regularize and completely built i.e. Builder is providing flat to Mr. A for time being only and not transferring the ownership of the flat.

Mr. A is asking for proper legal and regularized flat to the Builder on the 2nd floor of the same building or another building with the ownership of the flat but builder is denying the same calming that agreement to sell has got registered and he can not give you another flat.

My query:

1. What is remedy available to Mr. A, if only agreement to sell is registered?

2. Can Mr. A ask for the consideration paid for flat?

3. What precaution shall Mr. A take for further transaction with that builder?

4. Does Mr. A have right to ask for flat other that he has purchased?

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ROHIT SHARMA (Expert) 10 December 2014
1. This is an instance of cheating by the builder since he had made an agreement to sell of an illegal premises.

2. You can file a written complaint at the nearest police station under whose jurisdiction such property is located.

3. This matter better be discussed verbally with this lawyer as the background of the case matter needs to be understood in a better perspective so that appropriate legal action can be suggested. .

Prachi Kaushike (Querist) 10 December 2014
Sharma sir,

I am very grateful for your instant reply.

But with legal solution, I also want arbitrarily solution also.

Person facing this problem, do not want to go to police station, but he might get ready for consumer forum complaint.

ajay sethi (Expert) 10 December 2014
MR A can approach consumer forum against builder for deficiency in service and seek refund with interest or another flat

Prachi Kaushike (Querist) 10 December 2014
Yes, sethi sir, Mr. A is ready to approach to consumer court but being a common man, he fears to step up the stairs of the Court. And fears that does he will get proper justice after spending money for this case? Because builder is a millionaire.. He but the buyer is common man, Kindly suggest procedure to go to consumer court.

Documents to be present before forum to prove the fraud of the builder.

ROHIT SHARMA (Expert) 10 December 2014
1. The cost for filing complaint before the consumer forum is not exorbitant.

2. Why should he be afraid of the other person. Law is same for all.

3. Contact a local advocate for filing complaint before the district consumer court. He will do all that is needful.

Advocate M.Bhadra (Expert) 10 December 2014
Mr.X can file a case u/sec.12 of the Consumer Protection Act in District Consumer Forum. Alternately Mr.X can file a suit u/sec.26 of the Specific Relief Act in Civil Court,he can also file a criminal case u/sec.420,427 and 406 IPC in Judicial Magistrate Court.