Advocate Shivchand Mishra (Lawyer) 12 July 2017

Limitation in below case

In 2010 i purchased a flat at Badlapur Maharashtra and took possession in June 2011. In 2013 (pending till date) I have filed a consumer case in Thane for leakages and other deficiencies like non formation of society etc which he refused to do. In the same year he started constructing a building on parking area and road setback area and after no resolution against my complaints from local authorities me and my neighbor filed a civil writ petition in Bombay High Court in 2014 which is also pending till now. Since the builder has committed criminality by exchanging measurement of 2 plots and shown fabricated measurements in sanctioned plans which is less on actual site. My question is since it has been 6 years i have taken possession and civil writ petition pending in high court, can i still sue the builder for forgery and cheating me. I came to know about this blunder in November 2014.

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Raveena Kataria (Advocate ) 12 July 2017

Hi, as such, there's no limitation for filing of a criminal complaint. The elapse of three since since your discovery of the crime is likely to have an adverse impact on your case since your inaction (till now) would be equated to you condoning such acts. However, you must show that at the time, you didn't realize the criminal nature of such acts, and you've been taking the necessary steps all the while to avoid the builder from committing more unlawful acts (by way of your civil suits.)

I'd advise you to get in touch with a local advocate if you do get criminal proceedings initiated against your builder so he/she can help you build your case and get you through the proceedings smoothly.