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Private builder not completing the projects

(Querist) 28 September 2014 This query is : Resolved 
Dear Sir

Many people have purchased apartments/villas from a private builder and of late understood that the builder was not keeping his words. It appears that the project was conceived without the sanctions of various govt authorities. The builder had completed many villas within the same project but due to some stop memo and fund constraints he was not completing the projects. These asides, he is under conditional bail right now.

People who have invested their hard earned money for the past more than 4 years without any return till now. Also many victims from abroad had approached for CBI enquiry as well as filed writ against the builder. The builder has lots of property which he is unable to sell due to attachments and so on. The case is at Trichur district in Kerala.

Can anyone help with the action to be initiated against such fraudulent builders please?. Can all get back their entire money with compensation?. What are the legal remedies available in such cases?. Is there any additional information required?. Case already filed in the high court by many people.


The builder has committed offences such as 406 (Criminal breach of trust), 420 (Cheating), 120(B) Criminal Conspiracy, 463 (Fraud/Forgery) and criminal misappropriation etc etc under various IPC sections.

Kindly let me know how could the victims avail the service of a lawyer from your esteemed organisation.


With Regards

JP
ajay sethi (Expert) 29 September 2014
1) you can move consumer forum for necessary reliefs against the builder .

2) you can seek refund of your money with interest and also compensation for mental torture you have undergone

3) you can also file criminal complaint against builder for cheating , criminal breach of trust .

4) search in LCi data base for lawyers in kerala
R.K Nanda (Expert) 29 September 2014
consult local lawyer.
Rajendra K Goyal (Expert) 29 September 2014
Consult a local lawyer and proceed as per law.
Advocate Bhartesh goyal Online (Expert) 29 September 2014
Agree with Mr ajay sethi.
malipeddi jaggarao (Expert) 30 September 2014
I also agree with the advice of expert Mr.Ajay Sethi.
T. Kalaiselvan, Advocate (Expert) 04 October 2014
In any number of cases against the builder whether consumer or in civil courts, the result is the same that the builders properties are frozen by court order, where will he be able to settle the amount or property now?, there is no alternative than to wait for the court order to release the seized properties. You have already approached some eminent lawyers in the local, what is the outcome or what are their opinions? Better proceed in the same way which you have already followed till now.
Jayaprakash (Querist) 06 October 2014
Dear Sirs

I do appreciate the expert advice of eminent advocates to the query. My next question is

1)There are already many complaints against the builder by many of the victims in high court and various other courts which I have already mentioned in my first query.

The builder says he does not have money to complete the projects as his properties have been attached by court etc etc and is beating around the bush for the past more than 4 years.

2)Is there any use filing a case against him in the court after 4 years by victims?.

3) Few other victims have already filed IP in the court and will it make any difference if one or two more victims are becoming a party to the IP?.

4) What would be the status of victims who have not filed any case against the builder if the court decides the case on the basis of complaints already made by other victims?.
Anirudh (Expert) 06 October 2014
It is better to file the IP by those who have not filed it so far.
Advocate. Arunagiri (Expert) 06 October 2014
Whether it is a limited company or partnership firm?
Jayaprakash (Querist) 09 October 2014
It is a trust by one of the group.

I request expert advice after a thorough scrutiny of my both the queries please.
Jayaprakash (Querist) 23 September 2015
First of all let me thank all learned members of the LCI forum for proving actionable reply to the queries posed.

I really appreciate the views expressed by Adv Ajay Sethi, Adv Kalaiselvam and Adv Anirudh. As suggested I have filed IP & FIR sometime back and a receiver has been appointed by the court and is visiting the site. I presume that things are moving on a snails space.

Request learned seniors to throw some light 1) on (IP).

2) What happens after the receiver is appointed by the court?.


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