Guidance
helen victor dsouza
(Querist) 05 June 2016
This query is : Resolved
1. Booked a flat in 2009, have made complete payment inclusive of stamp duty and registration.
2. After making complete payment and on inspection of the flat, found that the amenities provided was not as per Agreement.
3. Requested builder several times to give possession of the flat with amenities verbally and through registered A/D letters.
4. A letter sent to residential address has been accepted , but there is no response.
5. In 2011 engaged a lawyer who upon hearing my case said he would be filing a case in the Consumer Court. Initially he kept on sending notices to the builder by registered A/D, at the office address which had no result.
6. On various follow ups I asked the lawyer to send the notice at the residential address which he did not do so, neither bothered to follow up where the notices were going ? According to my lawyer it is mandatory that notices should be sent at the address mentioned in the Agreement.
7. He collected the fees for filing the case in the consumer court but never updated me. He would avoid my calls and keep changing his cell number. When asked for consumer case no. He would give some reasons and told me that I would be getting an exparte order.
8. During this time my husband was bedridden with paralysis and I could not devote much time on commuting and trusted on the lawyer.
9. The death of my husband in 2013 was a great blow to me and self was not aware of how to cope up with these problems. Was staying on rent as I was not given possession of my flat.
10. In end 2015 I came to know that the builder was trying to dispose my flat.
11. I contacted the lawyer immediately who drafted a criminal complaint letter to the Police
Station and asked me to go personally and file the complaint at the police station. The lawyer did not come with me. I was at the station till late 9 pm.
12. The police did not accept the complaint as the complaint sounded like a civil matter. Of course the police asked the builder to come to the Police station who came once in my absence. My lawyer did not come to meet me or apprised me. All that he was saying was false.
13. By then I knew he cheated me. I asked him to give me his bar council number and refund my fees which he has not done so far. I have the lawyer's contact no. and email I'd. I don't have his new office/residential address.
14. The lawyer has not provided the required information but says he has no objection in me filing a complaint against him in the Bar Council.
15. Meanwhile, I have engaged another lawyer who has sent a notice to the builder's residential address which has no response.
16. With no response from the builder the lawyer has submitted a criminal application which has been accepted at the police station. It's almost a month and the lawyer has not received any communication from the police station.
17. I am now more afraid of lawyers.I need your valuable advise based on my above history which has been given in a nutshell.
Kumar Doab
(Expert) 05 June 2016
Your lawyer may opine to approach:
DCDRF also
You may also go thru:
THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
NO. 16 OF 2016
[25th March, 2016.]
http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf
Take active interest in your case and spend qualified time with your lawyer.
Try to meet CP,DCP in person and submit minutes and obtain information on action taken and status report thru RTI.
T. Kalaiselvan, Advocate
(Expert) 09 June 2016
You may follow the suggestions made expert Mr. Kumar Doab in this regard.
