• Consumer protection

I had purchased a plot in Form IV colony situated at Gwalior, Madhya Pradesh (A colony having all the amenities viz. Gardens, roads, electricity poles, sewerage, covered boundary wall, etc.) in 2014 after getting it financed from nationalized Bank and I have also done general insurance of the said plot. The colony had been made after obtaining all requisite permissions from the concerned Authorities of the Government and later on taken over by the Municipal Corporation. The sale deed was executed and possession of plot was delivered to me by the Colonizer. My name is also entered in the municipal corporation record at Gwalior (M.P.) and municipal tax of the plot has also been paid by me. However, mutation in revenue records is yet to be done. 

Meanwhile, Collector, Dist. Gwalior has passed an order declaring the entire Colony to be made on Government land. In the order, Collector has mentioned that there were manipulations in the Khasra Entries some 50 years back (when the colony was not in existence) and as such the land is Govt. land and also ordered all the Revenue Authorities to record the same in the name of Government.

The aforesaid order of the Collector has been challenged by the Colonizer in High Court by filing writ under Article 226. The case is pending and interim order of maintaining status quo has been passed by the High Court.

Now, my question is that as a bonafide purchaser, what relief from Colonizer in terms of money can I get at this stage and in what proceedings, considering the fact that lis pendens will come in my way. I want to get refund of money from the Colonizer as this case is likely to go on for long. What steps in which proceedings should be taken by me to get my money back, i.e. whether should I approach the consumer forum, or file writ petition or take criminal action or what else. Please help.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Dear Client,

U can initiate legal action against the client, but as the matter is pending before the high court, non lower forum may proceed.

First of all file an application in the high court to implead/intervene in the pending petition.

Till the matter is pending before the high court , enjoy the possession, I assume, even if court find the order of the collector fair, it may order to the colonizer to bear consequences/expenses and might not disposes residents.

Until it is not decided whether colonizer is at default, non other court will proceed,

Precise advise possible on perusal of writ.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Firstly, writ of mandamus has saved you all not for now but for always as I must tell you that once you have acted upon it ("it" means here is that government itself gave you the permission) this is called law of estoppels'.

Secondly and lastly, nothing would give you relief as the matter is already before the court, and neither colonizer cheated you as they also got to know about this.

So, I suggest you to wait for sometime more rather than spending money in meaningless litigation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest as title of builder is not clear and marketable

seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1. Wait till disposal of the writ petition as the writ petition may be in your favour.

2.If the colony is declared unauthorised or is likely to become such then you can cancel the agreement and seek refund of money paid along with interest.

3.if the builder does not return your money back you can file case beofre the consumer forum wherein you are likely to be awarded with damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Hello sir , since the matter is sub judice in high court , therefore any proceedings initiated in lower court will not proceed untill writ petition is decided .. It is advisable to file writ in high court seeking immediate relief from the colonizer as well as from the municipal corporation , since they sanctioned the development plan

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Please note status quo means the corporation can't disturb your possession if you purchased it from developer you can file a consumer case under section 12 of consumer protection act... secondly the time limitation to fIle case by government is 30 years but as you mentioned commissioner said 50 years back there was manipulation so nothing to worry....

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1- YOU HAVE RIGHT TO FILE CIVIL SUIT FOR CANCELTION OF sale deed.

2- YOU HAVE RIGHT TO FILE CRIMINAL COMP. U/S 406, 420. AGAINST. ColonizeR.

Parvez Akhtar
Advocate, Mandsaur
15 Answers

4.0 on 5.0

You being the bonafide purchaser have been duped by the builder because of his false promises.

Send a legal notice to the builder for refund of the money that has been paid by you.

If no heed is paid by the builder to the legal notice, then file a complaint before the consumer forum to claim the amount alongwith the interest.

Also, you an claim the expenses towards litigation and cost of mental trauma.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Your claim against the builder is not likely to succeed since the High Court has already given a stay order to the coloniser.

This stay order passed by the High Court gives a shelter to all such people like you, who have invested in this particular project of the coloniser.

But, if you still wish to try, send a legal notice to the builder seeking the refund of your deposits with interest.

In case he fails to refund, approach the consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

The writ has been filed with a different subject matter, you will be filing a case in the consumer forum for refund of your money on the ground that the Colonizer played fraud and as such has involved himself in unfair trade practices.

The builder will come up with the defense that the case is pending before the HC, and the order of status quo has been passed, meaning thereupon that nothing can be changed in the land, at that point of time you may press for 50% refund of money and rest 50% after the case is decided (though Probability of getting a positive order is less)

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Moreover, what benefit this status quo order gives to consumers like us. - same benefits u r enjoying before filling writ.

Mutation cannot be done in my favour - Neither mutation will give any valid title than sale deed.

I cannot raise any construction on it till the order of status quo persists - Take permission from court, but ready to bear consequences/losses if colonizers lost.

I cannot sell the land to anyone. Only I am supposed to fill the EMIs of the Bank for years to come (till the matter attains finality from Supreme Court) with no right to enjoy the property purchased by me. - Caveat emptor, rule prevails here, court not responsible.

Until default is not proved on part of colonizers ,no recovery,

contact for more advice.

Best of Luck.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Take your chance, approach the Builder and apply for the cancellation of your plot. Seek refund with interest.

If the builder feigns to do the needful, send him a legal notice.

If the needful is not done despite the legal notice, approach the consumer court seeking the refund of your entire deposit with interest. The Court may grant some indulgence to you.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

You can file complaint against builder before consumer forum and seek orders to direct builder to refund your money as title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

you have only relief which i gave earlier to you.

consumer forum court have no power to cancel sale deed.

Parvez Akhtar
Advocate, Mandsaur
15 Answers

4.0 on 5.0

You can get relief from consumer forum but your are right you can't sell the property or construct anything ... but consumer court can't give direction to take back the property and refund money... for that you need to fIle a separate suit....

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

No case against the colonizer shall be maintainable for recovery at this stage because of the pendency of a case before high court.

You have no option than to wait for the disposal of the case and in the meantime you may implead yourself as a party on the basis of bonafide buyer.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Since there is a status quo order, any case in any other court including consumer court shall not be maintainable in this regard.

It is unfortunate that you have to undergo this hardship but you cannot help it.

You have to wait for the disposal of this writ petition by high court.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

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