• Fraud commited by Builder called Dreamz Infra India, Bangalore

Dear Sir,
I booked a flat in a company called Dreamz infra india, bangalore. on 5th Jan 2014.Since they offered discounts I paid full amount (22 lacs). they promised that they will give possession in 20 + 3 months. But they did not even start this project in 23 months. So I cancelled the exactly on 5th Dec 2015 ( after 23 months) they gave a cheque dated 25th March 2016. cheque was dated 90 working days from the date of cancellation. So we waited for 90 working days and sumitted the cheque to the bank. but check got dishonored. Hence I sent a notice through lawyer, but there was no response. then we filed a case in criminal court. Court issued NBW, but they are unable to arrest the corresponding person. 
now the company is closed. Apart from me he fooled more than 2000 people in bangalore. And he was caught while he was trying to transfer 250 crore Rupees to Swiss bank. So Karnataka CM ordered CID investigations in this regard. 
Foolishly I made my brother in law also to invest in this company. he also invested 22 lacs in the month of june 2014. he filed suite in state consumer court. the accused did not respond to the summons issued by consumer court too. so Court asked us to give public notice in news paper. 

But there is a large group of people formed association named as DREAMZ VICTIM ASSOCIATION.
They are planning to file case in NATIONAL CONSUMER COURT (NCC) NEW DELHI.
It seems this will cost 25000 per person. 

1.Already cheque bounce case is running and issued NBW. Can I get justice in this case??
or should i cancel this case and go to National consumer court along with other prople. tomorrow there is a hearing in the court. i am not sure how court will react to this.....

2 In second case State consumer court asked to publish notice in news paper, for further action.
should we go ahead and publish in the news paper or should we cancel this case and go to National consumer court along with other prople.

Name of the persons who is running Dreamz Infra is Sachin naik and Disha choudary.
He is a fraud and he has lot of money as I mentioned earlier he was caught while he was trying to transfer 250 crore rupees to Swiss Bank.

Kindly help us we are more than 2000 victims.
Thanks,
mahesh
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) both cases can go on simultaneously

2) cheque bouncing case is for punishment

3) complaint before consumer forum is for recovery of money with interest

4) since you have already filed complaint before state commission better proceed with publication in newspapers

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. In India it is most unwise to purchase an under construction property as most builders fail to meet the deadline.

2. Do not even think of withdrawing the cheque bounce case as it being a criminal case is the only deterrent to the builder. He has already been arrested, now if he does not repay the amount then he will be convicted and sent to prison for possibly 2 years.

3. You can simultaneously proceed in the Consumer Forum. Pendency of the criminal case does not preclude you from adopting your remedies under the civil law.

4. If the state forum has ordered newspaper publication of summons then the order should be complied without fail.

5. If the consumer forum passes a decree in your favour then the assets of the builder can be attached in execution proceedings in satisfaction of the decree.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Do not cancel the cheque bounce cae or even think of withdrawing it, let it proceed simultaneously.

If you are interested to join the victim group and confident of seeing light in the tunnel, you may decide about joining them.

This is an economic offence, hence a criminal complaint with the crime branch or economic offences protection wing of police only would bring relief and the consumer forum, in my opinion, may not be very effective for recovery from such hard core fraudsters.

2. If you have already approached state commission on his, you should not withdraw the same midway, that should be ensured to be proceeded in the manner known to law.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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