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Mehar Saini (Propritor)     13 June 2013

Filing of criminal case against builder

Dear Sir,

I have filed case against builder in consumer form for not executing agreement to sale of Flat despite of receiving 100% payment. inspite if service builder did not appear in court and judgment came in our favor. apeal was filed by builder in state commission which was dismissed. thereafter builder filed revision petition in National Commission on the marit that alotment letter was forged and fabricated and not issued by them (builder). during argument court rejected that after seen the signature. builder was asked to eighter to withdraw  or to bear the cost. judgment was reserved in may but till date no judgment has came which is expected by end of July.

At present more than 15 cases are pending against the same builder.  some more people want to file the case.

Recently there was a meeting of costmers, and all wants to file criminal case against the builder through NGO.  will it be proper for us (three cases which are pending before National commission) to join them, or can we file a seprate case of maan hani. as the builder falsely given statement before state and National commission regarding allotment letter. or we should wait till judgment of Natioanl commission.


MC Saini


 2 Replies

Hemang (Advocate)     13 June 2013

The builder will have to execute the sale deed. Wait for the judgment of National Commission. After the judgment of the National Commission is pronounced, you may file execution petition before the district Consumer Forum for executing the orders of the forum and the Commission.


If you want to file the Criminal complaint, you can well file it saying that it amounts of criminal breach of trust.  

Nitish Banka (lawyer)     04 February 2018

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess. Read this article and get out of mess without high legal fees.

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