1)you can file FIR against builder as well as file complaint before consumer forum and seek refund
2) file FIR against builder first for cheating , criminal breach of trust , forgery
Consumer case and/or FIR against the builder
Had booked a flat in 2014.The possession of flat was supposed to be handed over in August 2015 but builders has fails to give the possession in legal way. I had also taken a home loan for above property. Couple of months back I had came to know through RTI as well well other letters from govt & bank that builders had made the construction against the approved plan. Thus builders had cheated the buyers in the following way 1.Builders had prepared fake documents (layout plan & floor plan) of project showing them as are "Approved" from development authority 2.Sold the property to buyers by providing misleading / false information on the basis of these fake plans by hiding the facts 3.Builders had also submitted these fake plans to bank (probably with the involvement & consent of bank officials) as well as false statement for mortgage of flat. 4.Had collected money but no possession 5.Not refunding the money of buyers. Now I am planning to file a case in consumer court for refund & also wants to lodge a FIR against the builder for forgery, preparation of fake documents, cheating, criminal conspiracy. Seeking expert opinions that 1. Can I file both consumer case for refund as well as FIR simultaneously against the builder or shall I go only for one option?? 2. If Yes, then which one should be first..? 3. If No, which one should I drop....?
Asked 7 years ago in Property Law
Religion: Hindu
4 Answers
You can file both the Consumer Complaint as well as the FIR. Consumer Complaint for the reason that the builder has failed to abide by the terms and conditions that were agreed in between him and you. The cause of action for lodging the FIR is different and in no way overlaps with the remedy sought by you in the Consumer complaint. In any case, the money invested by you in the project can only be refunded in a consumer case and likewise, the builder can be tried for the offenses of cheating and Criminal breach of trust, only pursuant to the FIR lodged by you. So if you have enough proof against the builder to say that he has committed cognizable crimes, go ahead to lodge the a FIR, besides the consumer complaint.
1. Yes you can file both criminal and consumer case simultaneously.
2. Both can be at the same time, you lodge an FIR and then accordingly file the case in the consumer forum if the cost of the flat is less than 20 lakhs then it will be filed in District Consumer forum otherwise the case will be filed in the State Consumer Forum.
Regards
1. You can lodge a criminal complaint for the offences of cheating with the local police and also file a case before consumer forum for other remedies.
2. You can do them simultaneously
