Hi,
Need opinion on legal proceedings against the Builder. Let me try to explain the whole scenario in points -
1) Booked plot in project Smart City, Tijara, Alawar, Rajasthan in Dec 2012. When I booked the plot they had office in Patudi, Gurgaon (Haryana). Later they closed the Patudi, Gurgaon office and started operating from project site itself i.e. TIJARA, Alawar (Rajasthan).
2) Per allotment letter they were supposed to give possession in Nov 2013. They have not signed the Builder-Buyer agreement till date after various follow ups.
2) Before booking plot they advised that project is Bankable but loan would be given once 40% payment is done.
3) I learnt that their project is not yet bankable till date. In fact I learnt from some their official resources that they have not got the possession of whole land which is causing delay in getting the project approved by bank.
4) I have done lot of communication since May 2013 but they are not willing to sort out the issue and no plan to refund the money.
5) Police of Tijara, Alawar advised us to file the FIR through Court.
6) Now this SMARTCITY Company has closed their TIJARA office and opened the new office in Rewari, Haryana.
My Questions are –
1) What is the best legal option to take against this SmartCity builder? Shall I move to Consumer Court or get the FIR done through Court.
2) Under which Court this case will fall as project site is there in Tijara (Rajasthan) and I learned that they have opened their office in Rewari (Haryana) recently.
3) They have not updated any Director Details or Fax details on their website till date and neither shared with us despite various follow ups. Does it attract to any section under IPC?
4) Per my limited knowledge I feel this is clear case of 420 (Cheating), 406 (Breach of Trust), 120B (Criminal Conspiracy) and 34 (Common Intent). Kindly advise if any other section can also be imposed?
5) Please suggest any best lawyer who can take it up and take the case forward.
M - 9958026688
