Builder cheating with me for a long time

1. I the Plaintiff Milind Madhusudan Dafade, age 46, residing at Aishwaryam Appts, Flat no C-31, Sector 4 Plot no 17, Dwarka, New delhi-110 078 has a hometown as Wardha, a town 75 Kms far from Nagpur. 2. I wish to have my own house in Nagpur as most of my close relatives reside in the city. 3. The defendant Ashtavinayak Planners and Developers, registered office at 5th Floor Laxmisada Apartments, Wardha Road, Nagpur - 440015, Near Sai Mandir Chhatrapati Square known as developer, who is in were in business of sale of flats and plots in Nagpur. 4. The builder in year 2009-10 entered in to agreement to sell the NATP sanctioned plots at his site Indigo on wardha Nagpur highway. The defendant agreed to convert the plots in to NATP and handover the position of the said plots within 6 months. 5. The defendant had collected an amount of Rs 16.50 Lacs up to April 2010 towards the 90% of the value of plots. 6. The defendant kept on providing the excuses when called over phone for delivery of plots. No replies to numerous letter written to defendant were provided. 7. Since the defendant were showing no progress towards compliance of agreement, The suspension on the builder arise and decided to check the ownership of the plots, it was observed that the defendant was not the owner of plots when it was sold to me however subsequently the land was purchased by defendant. 8. The defendant on 30th July 2015 shown inability to deliver the plots due to administrative issues and also refused to return my hand earned money however agreed to convert the same in flat at Apartment NO 1, Type 1A (Building A) "Ganesh Apartment" on ground floor in his existing project at "Palm City". 9. The pamphlets and drawings shown to me was of 3 bed room flat measuring around 1166 sq ft of super area and around 792.26 sqft of carpet area. 10. An agreement on Rs 100 paper was signed in 30th July 2015 to deliver me flat Apartment NO 1, Type 1A (Building A) "Ganesh Apartment" on ground floor at "Palm City" 3 bed room flat measuring around 1166 sq ft of super area and around 792.26 sqft of carpet area was signed with a promise to deliver me the flat within period of 24 months. 11. The payment under the agreement was decided on the basis of construction schedule. 12. Immediately after the agreement in july 2015 a demand was raised for construction for Rs 6.00 lacs which was paid within stipulated time. The total amount paid to the defendant was 22.50 lacs. 13. I had reminded him to deliver the flat within agreed period of 24 months but builder never responded to any querry. I have been perusing the constructions for last 30 months but builder has shown no interest in construction activity. I have made number of telephone calls however the defendant avoids attending the call. 14. Meanwhile the defendant had resorted to threatening tactics for extorting more money than agreed by sending legal notice for deposit of money other than agreed terms and conditions for which I had also responded through legal replies. 15. In December 2017 when during the visit to Nagpur, I visited construction site to check the progress of construction, Since I am not a expert in civil, I took the help of civil engineer and I was shocked to learn that the builder had conned me, on checking the sanctioned plan sanctioned by town planning agency Nagpur Improvement Trust (NIT) for the flat I purchased I was shocked to learn that the sanction is only for One Bed Room Store measuring around build up area 46.075 SCM ( 495.94 sq ft) with common area around 15.658 SCM (168.54 sq ft) whereas defendant had agreed to deliver me the 3 bedroom flat measuring 73.603 sq mtrs i.e 792.26 sqft and super built up area of 108.324 sq Mtr i.e 1166 sq ft. 16. On enquiry the builder was silent on plans but promised me to deliver the 3 bed room flat with the rough drawing in his hand i.e. by extending store room and converting into balcony by scrapping fire exit and the land allotted will be utilised for making another bedroom. The builder had violated all the sanction plans and started unauthorised constructions as per his wills and fancies. 17. The defendant was well aware that he cannot deliver beyond the sanctioned plan still conned the poor gullible buyer who had invested their hard earned money with him. 18. The Intention of defendant is to handover the illegal constructed flat at cost and responsibility of buyers and in the process siphon off the money of buyers. 19. The intent of defendant was never to deliver any type of legal property either plot or flat to buyers only to cheat and siphon of the money of poor buyers. 20. The defendant had also performed Number of illegal activities and duped many investors/buyers the plaint can be very much visible on the complaint section of consumer complaints on web page, some of the extracts are also placed below. 21. Mumbai high court had also stayed on construction activities of the defendant in 2011 due to illegal construction in one of its projects. 22. Some of buyer in same project who was also conned in same project, complaints are also available on website