• Can I ask for compensation under Consumer Protection Act?

In My case Builder has purchased land by official liquidation process (Sharada Mill Plot C3 MIDC Dombivli) and He advertise property as Cyber city (Empress Mall) shops for outright sell & took full money (as per market rate of sale) at the time of registration he did agreement as sublease under agreement type Kararnama in Jun 2014.
As of Now the mall construction is not completed & possession is not given, tried to contact builder several times but he is not ready to refund money or complete the mall construction & amenities which were advertised.
In August 2016 I filed case in Maharashtra state commission under consumer court but now for one of shop owner who also filed same case against builder got response from his lawyer that case doesn't fall under consumer court jurisdiction.
Can anyone help here to know if i can ask compensation from builder under consumer protection act or not?
Facts known under RTI
1. Builder acquired MIDC property by official liquidation process (Sharada Mill Plot C3 MIDC Dombivli Dist Thane Maharashtra) 
2. Property was taken from MIDC as repair & renovation 
3. Builder constructed mill property in MALL without revised permission 

Builder sold shop place in property to many individuals like me with market rate & did sub lease agreement but when enquire MIDC dont have sublease info
Builder did not completed mall construction & not giving refund
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

Your case would fall under consumer protection act if you bought shop for purpose of earning your livelihood

2) the contention of builder would be that you bought the shop for commercial purpose and hence you are not a consumer

3) I presume in your complaint before state commission you have taken plea that shop was bought for purpose of earning your livelihood

4) seek orders that builder be directed to complete construction nad hand over shop within stipulated period

5) you can claim compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

1. Disputes relating to the newly built proeprty by the builder falls under the Consumer Protection Act.So what the lawyer of the builder makes little difference.

2.So you can very much file a case beofre the consumer forum either for refund of your money or for claiming damages and compensation.

So proceed accordingly.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

You have good merit in the consumer case and in the sid case if full or most f the sale price is apsd then ask for damages and not refund.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1) you have bought the shop for purpose of earning your livelihood . The above statement is ok no need to amend

2) it would fall under RERA act if no OC is issued

3) you can claim refund with interest plus litigation costs

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Builder sold shop place in property to many individuals like me with market rate & did sub lease agreement but when enquire MIDC dont have sublease info

Builder did not completed mall construction & not giving refund

The builder has fraudulently sold the property to the buyers. The builder in the name of sale deed has actually executed a sub-lease tenancy agreement duly registered.

A criminal action for breach of trust, cheating and fraudulently selling the property may be lodged.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

1) "earning for livelihood" clause; is above presentation OK? as my actual purpose of buying shop was for earning my livelihood & the same reason was told to my lawyer while registering the case ... is above statement represent that or i should ask my lawyer to amend

You can file consumer case on the said grounds.

2) Is MIDC Mill property taken under repair & renovation clause & redeveloped as commercial mall fall under new RERA act?

Repair and renovation cannot be taken redevelopment.

This is a fraud played by the builder.

3) if so can I ask the builder to produce evidence that he is in process of registering property under RERA & if not can I amend same in my case as an unfair trade practice as he is not willing to complete construction & all required legal permission but taken full compensation of the property value and not giving possession even after doing registration agreement of property (without all required MIDC permissions & approved plan)(MIDC didn't issued BCC till date )

This is a fraudulent act of the builder who has cheated everyone in the name of selling the property he has actually executed a lease agreement which is nothing but an act of cheating and breach of trust.

4) from consumer court can I ask builder to give full refund of my paid money with compensation for registration charges & court case / Lawyer fees

You can ask for refund and also compensation.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer