kislaybhatt 26 March 2015

Cheated by a builder

Hi, I along with 50 of my colleagues have been cheated by a builder. The builder took bookings in year 2010 and in next one year collected around 20% of the cost of the flat from everybody by mis-representing the facts. The builder hasn't started construction till date in the proposed projects and was also not ready to sign agreement with us till year 2013. We have just receipts in our possession.

We all together lodged a police complaint by the end of year 2013 and the FIR was registered by the police in March 2014 under sec 420, 34. The builder went to sessions court for ABA and the same was rejected. Now the builder is appealing in High Court for ABA.

Now, we are planning to file recovery suit against the builder to claim our money back. My question is, whether we shall go for civil suit in High Court or shall apply individually in the Consumer Forum?

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6 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 March 2015

better to move to consumer forum

kislaybhatt 26 March 2015

Thanks Mam for the suggestion. Regards.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 26 March 2015

1) go in consumer forum 2) also fight appeal in HC

Sujith (Associate) 29 March 2015

Hello Friends,

I have some queries about My Flat...

We are from a middle class family.

We were looking for a House and we met a Builder who told us that he could get a flat for us without paying a penny.

As It was completely based on Loan we were Happy about it...

Initially the Builder coated the Flat Cost as 18 Lacs @ Nagaram.

As he was helping us with Loan Process for 110% loan he told he would take more 50 k for which we agreed.

1) Loan for the Flat

2)Other personal expenses

So he coated us an amount 24 lac and bank granted us a Loan of 20 lacs

Now the builder took the complete 20 lacs from Bank and says that we have to pay more 1.15 lac as it for Tax for the flat.

Before we were never informed about these Charges..

Now he is asking for the Post Dated Check for the 1.15 lac and take the Flat Occupation

The Flat is registered to us but no occupation letter is Given.

My Question here is

I dont want to make the Payments to the Bank coz i was cheated by the Builder

What can i do?

kislaybhatt 04 April 2015

Thanks Patil ji and Rakhi Mam for the suggestions. The lawyers in Mumbai are still confusing our group about going for recovery suit, stating that we can't file another suit as we have already gone with criminal complaint by lodging FIR against the builder. On the contrary, some lawyers say that we must go with civil suit simultaneously for recovery.

The Police has not filed chargesheet yet in the court, but, the builder has appealed for ABA in the High Court, which we are opposing for past 5 months. Prior to that, the ABA matter went in Sessions Court for 8 months and the ABA was rejected there.

We are really confused about what to do now!!