Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I)) 02 May 2022
anubhav Bhatt 02 May 2022
Advocate Y.K. Mehrotra (Advocate) 02 May 2022
Sir filing of the case in IPC starts with an FIR
Step 1 is to file an FIR
Step 2 The police shall conduct an investigation etc
However this is criminal side of this case. If you want to recover the money then the procedure is different.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 May 2022
Arrange to send a legal notice to the builder. You can approach consumer forums online too.
Divya Vijayan 02 May 2022
Firstly, you'll have to file an FIR with a local police station who would investigate the matter and if through investigation they find any illegal activity, they would charge the accused. Then the accused would be presented in the court where you can fight for your infringed right.
IPC section that can be instituted against the other party is: Section 415 which deals with cheating and punishment for the same is given under section 417, it's says that the person caught cheating would be imprisoned for a term which may extend to one year, or with fine, or both. Section 420 deals with cheating and dishonestly inducing delivery of property.
Gagandeep Goel (Advocate) 03 May 2022
Filing of a police complaint will not have the matter, you need to 1st send a legal notice to the builders specifying what all grievances do you have against the builder and ultimately, The reply of the building shall decide as to what locus do you have to file the said police complaint.
Generally the matters in relation to the buildings and collection of maintenance charges are not covered by local police and the RERA or the consumer court enjoys the jurisdiction to entertain and try the present matter and the local police has no role to play.
I advise you to falsely send a legal notice and then wait for a reply and proceed with the action mentioned in the 2nd para of the present reply.
Gagandeep Goel, Adv
987 220 6969, 88173 00001.
Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I)) 04 May 2022
But sir try to understand consumer court deals with civil aspect of the case. It can be done for recovery of money. They with criminal intention has threatened to stop our water connection and throw my scooter out of the parking lot. I want to put them in jail and want to book them under CrPC. What is the procedure for that.
Advocate Y.K. Mehrotra (Advocate) 04 May 2022
For that you just need to file an FIR. I would advice it's better to hire a criminal lawyer. Although FIR can be filed by any person on their own.
Post FIR police will investigate you have to do nothing.