We have measured carpet area of residents in our complex and found that actual carpet area is short compared to Agreement. This is for more than 100 residents. I need specific advice as under: 1. Can we directly file FIR against builder? If so, under which Act & Section? 2. Under which Acts & sections can we file criminal/civil case against builder? Please provide specific details of each Act & section under which he can be booked.
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1) file FIR under section 406 , 420 of IPC for cheating and criminal breach of trust
2) also file complaint before the consumer forum against builder for unfair trade practice and seek refund of excess amount paid by you with interest
3) also seek litigation costs and compensation from builder
1. This is not exactly cheating unless the difference in area is major. So it is better to avoid this option.
2.The best option in such situations is to file case beofre the consumer forum wherein you will not get chance to pay only for area which is delivered to you but also get refund if you have paid for the extra rea.
Additionally you will get money towards damages and compensation also,
So go for second option.The first option will not give you desired result.
FIR is not made out in this scenario as the dispute is entirely civil in nature. The builder has breached his contractual obligations, so a suit for specific performance of the agreement and damages on account of breach of contract can be filed against him in the civil court by any buyer aggrieved by the dishonour of the agreement. There is no specific section. Just file a civil suit.
If a civil suit is in force in the court and the defendant i.e. the developers wish to approach us for an out of court settlement, then what is the correct method? 1. Should we talk to them independently and then convey the discussion to our advocate? Or if we do so, will this be a contempt of court or used by defendants against us? 2. Rather than 1 above, we should ask the defendants to state in court that they are ready for settlement?
1)file consent terms in court of settlment arrived at
2)you are at liberty to talk to builder and then convey decision to your lawyer
3) it is not contempt of court
4) defendants can state in court that they want to settle the dispute and seek time for settlment
1. You can file a joint complaint against the said builder before the local police station bringing the charge of cheating against him.
2. For getting compensation for the short delivery of the floor area, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of amount paid by you on pro-rata basis for the short construction/delivery of the floor area of your flats with interest, damage and cost.
3. It is a good case to win.
1. You should talk to the builder directly and independently without involving the Advocate as otherwise, the Advocate may strike a separate deal with the builder for making the said settlement with you.
2. You can arrive at the settlement and after that withdraw your case from the Consumer Court which is the right forum to agitate in such cases.