Fir
tej
(Querist) 07 August 2013
This query is : Resolved
the promoter builder cheated me. provided less builtup area than agreed not constructed building by following obligations cast on him by MOFA. CONSUMER FORUM APPOINTED COMMON COURT COMMISSIONER AMONG ALL COMPLAINTS.AS PER HIS REPORT IT IS PROVED THAT BUILDER HAS GIVEN LESS BUILT UP AREA OF FLAT AND ALSO THE WORK IS NOT CARRIED OUT AS PER SANCTIONED PLAN OR OTHERWISE FOLLOWING DC RULES.
CONSUMER COURT HAS ACCEPTED THE REPORT OF COURT COMMISSIONER AND DIRECTED BUILDER TO PAY BACK MONEY RECOVERED BY SHOWING MORE AREA THAN ACTUAL AS PER THE CALCULATIONS OF AREA PROVIDED BY COURT COMMISSIONER.
AS THE PROMOTER CHEATED US BY PROVIDING LESS BUILT UP AREA .MY QUERIES ARE
WHETHER WE CAN PREFER CRIMINAL COMPLAINT AGAINST BUILDER FOR CHEATING US. AND HOW TO FILE FIR ON THIS POINT AGAINST BUILDER
please guide us
thanks in advance
Deepak Nair
(Expert) 08 August 2013
The Consumer Court have heard your petition and passed an order for refund. Now, if you have received the refund, then the justice is done. Filing a criminal complaint etc are needless at this point of time.
If the builder have not refunded the amount, then you can go ahead with an execution petition in the same consumer court, whereby the consumer court can order for arrest of the builder and attachment of his properties.
V R SHROFF
(Expert) 09 August 2013
Yes it amount to cheating, Lodge FIR
prabhakar singh
(Expert) 09 August 2013
Filing of Consumer complaint or orders passed therein can not be a hurdle in your way when an act complained of provides both Civil as well as Criminal remedies in law. Both can go togather.
tej
(Querist) 09 August 2013
experts thanks a lot for your valuable advice
tej
Deepak Nair
(Expert) 09 August 2013
You are always welcome
