Fraud building constructor

If you have contract, you may seek specific performance of contract or compensation. You may also seek mandatory injunction. However you may even strategize for criminal trial, so its better to prefer physical advice from any Advocate concern!

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

Hello,

You can sue him for breach of contract and seek specific performance. You can also approach the consumer forum.

These are the steps you can follow

STEP 1: Issue a notice to the developer Before filing a complaint in the consumer court against any builder, a complainant must issue a formal notice to the construction company or the builder. As per the norms, it is important that the consumer must inform about the unfair practice to the concerned developer and allow the opposite party to respond to it. If the developer is unwilling to offer the compensation or refuses the issued notice, then you can approach the consumer court.

STEP 2: Submit a complaint online Now, after receiving no response from the developer against your notice, you can register an online complaint to the court. Firstly, you need to create a consumer login. Once you have registered, you need to login to file the issue. While filing the complaint, a complainant would be required to furnish their personal and project-related details. Complainants can also attach supporting documents. The following practices are considered as fraudulent in the court of law in case of the real estate sector. A consumer can file a complaint for

Delayed possession

Not providing Completion Certificate (CC)

Sub-standard construction quality

Construction without attaining requisite approvals

Construction on unauthorised land

Fraud in booking of your property

Any alteration in land use, layout plan, structures

Hidden charges

Enhanced External Development Charges (EDC)

Cancellation of the project

Forfeiture of the amount  

STEP 3: Submit the fees  Once the form is fully filled, the complainant would need to pay a sum for registering the complaint before the consumer court. The transaction can even be made online. If the complaint is worth less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will entertain it. To file a claim in this category, a complainant needs to pay fees as mentioned below

Up to Rs 1 lakh - Rs 100 - 

Between Rs 1-5 lakh - Rs 200

Between Rs 5-10 lakh - Rs 400

Between Rs 10-20 lakh-Rs 500

If the complaint is about a real estate entity worth more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will hear the issue.

For State Forums, a complainant is required to deposit -         

Rs 2,000 for a property valued above Rs 20 lakh but less than Rs 50 lakh

Rs 4,000 for a flat priced above Rs 50 lakh and up to Rs 1 crore

In the case of complaints registered for a property worth more than Rs 1 crore, the National Consumer Disputes Redressal Commission would become the hearing court. In such cases, Rs 5,000 is charged as a fee for filing a plea.  
 

How to track the complaint filed with the consumer court?

A consumer can track the status of its filed complaint on the consumer court website.

You need to furnish the below-mentioned details to check the status –

-          Docket Number

-          Registered Mobile Number

Other platforms for filing complaints in the consumer court

The Government of India provides several options to file a complaint against any grievance a real estate consumer faces.

- You can download mobile applications - NCH App and UMANG App - to register any complaint in the consumer court.

There’s also a toll free number you can find online.  
In order to log in go to

https://consumerhelpline.gov.in/user/signup.php

You can also proceed with criminal charges against the builder but its better you contact a practising advocate for the same.

Thank you

I have the below evidence

1. The signed and thumb impression contract in plain printed paper.

2. Cctv footage while giving money during construction.

3. Voice record while giving money during construction.

4. Receiving money with his signature against every payment.

5. No witness except family members.

First of all, serve a legal notice. Perhaps, the notice itself may settle the issue.

Hello,

As per the case stated above you can approach the consumer forum and file a consumer complaint. A consumer complaint can be decided within 6 months with very little expense. It is better you appoint an advocate as the opposite party will definitely appoint an advocate and defend the case strongly. Firstly issue a legal notice and later on file consumer complaint before consumer forum.

Issue a legal notice first through a local advocate, and complete the remaining construction.   This is common in private contractors and focus on immediate action for completion of the remaining building.  If the amount is less than Rs.25,000/- just forget and treat the money lost towards gambling or donation, as it is not worthwhile to enter into such fights with such small time builders.

Very well analysed, opined and advised by experts, I agree and appreciate.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.