Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I)) 02 May 2022

Cheating and excessive charge by builder

Recently I am going to sell my flat. To sell my flat my purchaser demanded NOC from the society which is also a no due certificate. The society President who happens to be the builder also demanded first a cheque as balance maintenance charges of Rs 40,000 again he also demanded another check of rupees 60000 for his own account. The first check was given in the name of the society while the second check is given in the name of the President of the society who is also the builder. On asking he told us that such chicks needs to be given to the builder. I have no other option but to pay this because without this NOC registration of sell of flat cannot take place. Now my question is I know that the chick in the name of the builder or president of the society is illegally collected by the builder. Also the maintenance charges is more. I have already paid in sh*t to the builder giving him to cheques. Now my question is I want to file a criminal complaint under IPC what sections of IPC will be applicable and what is the procedure?

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7 Replies

anubhav Bhatt 02 May 2022

File a case against then under section 419,420,467,468 and 471 IPC for more clarification you may contact us then I'll elaborate properly.
Advocate Anurag Bhatt
Allahabad High Court
📱 9198889990

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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

Mr. Saikat,

Arrange to send a legal notice to the builder. You can approach consumer forums online too.

1 Like

Divya Vijayan 02 May 2022

Hello sir!

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.

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com

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.