I am Dr.Bharath from Bangalore. This is a problem with my builder who has not completed the flats.
I had purchased the flat for Rs.32 lacs but he made an agreement for 33 lacs stating that it is for paper only. Out of this, I have paid Rs.5 lacs initially by cash (drawn by me over self cheque) and later 10 lacs uncrossed cheque to his name. This has been recorded in the agreement (not registered) which is signed by him, his partner and the landlord. After this, I had paid him Rs.1 lac in cash (no proof). And 12.5 lacs has been released by bank to him. But now, he has completed about 70% of work and is absconding. The landlord and his partner are telling that they have not signed all agreements and he has forged it as well. His partner does not know about the payments at all. Now I wanted to approach the consumer court for justice along with other purchasers. But some of them are apprehensive that we have not made all in cheque transactions (but agreement proof is there along with bank transfer for loan amount released) and also the building is not as per plan or required norms (we have got legal approval from Vijaya bank before sanctioning loan). Will this be a concern? Now he has delayed possession by more than a year. We are facing issues with paying both house rent and EMIs. The bank has also released excess amounts without inspecting the property but by just taking a letter from us. As a result, he is absconding and enjoying his life. In such a scenario, can we get justice by approaching the consumer court (with the limitations mentioned)? Kindly guide us. Also can we file a case jointly or each one has to do it individually (because association is not formed)? Looking forward for your help.