Fraud by developer

 


Querist : Anonymous (Querist)
29 May 2021

We booked a plot with a developer with other people. All the money has been paid but no plot has been given so far in spite of of sending various speed post letters for the last 8 years.. Now all the people want to take collective action'

Please suggest

a) whether FIR can be filed by all collectively against the developer

b) To which court or authority all can approach collectively for filing a case for recovery of money from the developer with interest and compensation etc.


Advocate Bhartesh goyalOnline (Expert)
29 May 2021

( 1 ) you all can jointly or severally lodge FIR against builder/developer.
( 2 ) you all can approach District Consumer Forum or RERA for your grievances jointly or sevarally and claim paid amount with interest and compensation towards mental and physical agony.


Querist : Anonymous (Querist)
29 May 2021

thanks sir, please opine which is better consumer forum or RERA ( what is RERA???)


Querist : Anonymous (Querist)
29 May 2021

Sir, can we approach NCLT as some people are suggesting We do not know much about this

kavksatyanarayanaOnline (Expert)
29 May 2021

Real Estate Regulatory Authority (RERA) Act, 2016 came into force and most of the States (to my best, all most states except 3 or 4 states) in India under RERA. So you can file a case to the RERA/District Consumer Forum. If your state comes under RERA, then file to RERA. NCLT is not concerned in my opinion.


Querist : Anonymous (Querist)
29 May 2021

1. Sir which is better RERA or consumer Forum

2.How to do collective FIR as people are in different cities/states.

3. Similarly how to approach collectively RERA or consumer forum

T. Kalaiselvan, Advocate Online (Expert)
30 May 2021

All the victims can approach the district crime branch or economic offences wing police in your district with a collective complaint against the builder alleging his cheating activity and request for recovery of your money.
Alternately individually each can file a money recovery suit in the respective civil court for recovery after sending a legal notice intimating your decision to cancel the booking and demanding the money paid towards the booking.

RERA may also provide you some solace to this if the builder is RERA registered.

Dr J C VashistaOnline (Expert)
30 May 2021

File a joint police complaint with its Economic Offences Wing.
Experience with RERA complaints (although recent enactment in 2016) is observed neither encouraging/ beneficial / nor expeditious.
The other option to move jointly to appropriate Consumer Disputes Redressal Commission should be comparatively better and effective.


Querist : Anonymous (Querist)
30 May 2021

I AM HIGHLY GRATEFUL TO BHARTESH JI KAVAKSATYANARAYNA JI , KALAISELVAN JI, AND VASHISTA JI

FROM THE ABOVE PIECES OF ADVICE FROM THE ABOVE RESPECTED ADVOCATES , I FEEL THE BETTER COURSE WOULD BE THAT

1. WE SHOULD COLLECTIVELY FILE FIR OR POLICE COMPLAINT

2. COLLECTIVELY FILE CASE IN CONSUMER FORM

1. IN THIS REGARD PLEASE SUGGEST IN WHICH STATE WE SHOULD FILE COLLECTIVELY THE ABOVE TWO
IN THE STATE WHERE PLOTS WERE TO BE ALLOTTED OR IN THE STATE WHERE REGISTERED OFFICE OF THE COMPANY IS SITUATED. IN THE AGREEMENT IT IS MENTIONED THAT JURISDICTION WILL BE OF THE COURTS WHERE PLOT IS SITUATED

2. AGAINST WHOM IN THE COMPANY CHAIRMAN OR WHICH OFFICER BECAUSE LOWER OFFICER MAY HAVE LEFT THE COMPANY

3. CAN WE ALL AUTHORIZE ONE PERSON ON BEHALF OF ALL TO FILE THESE TWO AS PEOPLE ARE IN DIFFERENT STATES WHO APPLIED FOR PLOTS


4. MOREOVER, IT MAY BE SUGGESTED IF COLLECYIVELY FILED IN WHICH CONSUMER FORUM COMPLAINT WILL BE FILED.

5. PRACTICALLY, HOW ONE PERSON WILL BE AUTHORIZED BY PWOPLW LIVING IN DIFFERENT STATES, CAN THEY SEND THEIR WRITTEN AURHORIZATION BY POST TO THE PERSON WHO WILL BE AUTHORIZED,



P. Venu Online (Expert)
30 May 2021

You may engage an advocate who is capable and experienced. He will take care of the procedure.


Querist : Anonymous (Querist)
30 May 2021

WHAT AN ADVICE GIVEN BY MR VENU TO RESOLVE THE QUERY!!!!


Querist : Anonymous (Querist)
30 May 2021

I AM HIGHLY GRATEFUL TO BHARTESH JI KAVAKSATYANARAYNA JI , KALAISELVAN JI, AND VASHISTA JI FROM THE ABOVE PIECES OF ADVICE FROM THE ABOVE RESPECTED ADVOCATES ,

I FEEL THE BETTER COURSE WOULD BE THAT

1. WE SHOULD COLLECTIVELY FILE FIR OR POLICE COMPLAINT

2. COLLECTIVELY FILE CASE IN CONSUMER FORM

1. IN THIS REGARD PLEASE SUGGEST IN WHICH STATE WE SHOULD FILE COLLECTIVELY THE ABOVE TWO IN THE STATE WHERE PLOTS WERE TO BE ALLOTTED OR IN THE STATE WHERE REGISTERED OFFICE OF THE COMPANY IS SITUATED. IN THE AGREEMENT IT IS MENTIONED THAT JURISDICTION WILL BE OF THE COURTS WHERE PLOT IS SITUATED

2. AGAINST WHOM IN THE COMPANY CHAIRMAN OR WHICH OFFICER BECAUSE LOWER OFFICER MAY HAVE LEFT THE COMPANY

3. CAN WE ALL AUTHORIZE ONE PERSON ON BEHALF OF ALL TO FILE THESE TWO AS PEOPLE ARE IN DIFFERENT STATES WHO APPLIED FOR PLOTS

4. MOREOVER, IT MAY BE SUGGESTED IF COLLECYIVELY FILED IN WHICH CONSUMER FORUM COMPLAINT WILL BE FILED.

5. PRACTICALLY, HOW ONE PERSON WILL BE AUTHORIZED BY PWOPLW LIVING IN DIFFERENT STATES, CAN THEY SEND THEIR WRITTEN AURHORIZATION BY POST TO THE PERSON WHO WILL BE AUTHORIZED,


Sankaranarayanan Online (Expert)
02 June 2021

The complaint should be in the jurisdiction of the property .
you all can give power to a person to act for others
complaint should be against the company as per the agreement
You first approach a lawyer he will guide you properly

P. Venu Online (Expert)
02 June 2021

Your original query has already been answered to your satisfaction. A platform like LCI can only provide the route map.As regards to procedure, it only the local lawyer who can take care of the nitty gritties.

Dr J C VashistaOnline (Expert)
03 June 2021

It is better to move to the Consumer Disputes Redressal Commission of jurisdiction where property is located. However, you have the option to move where registered office of the company is located; or where payment has been made; or where you reside and work for gains i.e., cause of action or part cause of action. After repealing Consumer Protection Act, 1986 new Consumer Protection Act, 2019 has provided it.

You must file complaint / case against TOP brass / CEO / Chairman of the company but never impleading lower level of officer / person in the hierarchy of the company / organisation.

Authorise one or two of you by execution of registered Power of attorney to proceed.

Below Rs. 20 lakh property (collectively) District, more than 1 crore State and more than that National Consumer Disputes Redressal Commission has pecuniary jurisdiction to entertain and adjudicate the complaint.

Each and every individual complainant has to authorise his/her attorney (ies) / representative(s), which may be jointly or severally.


Querist : Anonymous (Querist)
03 June 2021

I AM HIGHLY GRATEFUL TO SANKARANARAYANAN JI


Querist : Anonymous (Querist)
03 June 2021

I AM HIGHLY GRATEFUL TO VASHISTA JI FOR DETAILED ADVICE.


Querist : Anonymous (Querist)
03 June 2021

VENU JI, PLEASE ASK YOURSELF, IS IT AN ADVICE TO A QUERIEST "ENGAGE CAPABLE AND EXPERIENCED ADVOCATE"


MY HANDFOLDED REQUEST

PLEASE AVOID PROVOKING OTHERS NOT TO PROVIDE DETAILED REPLIES.



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