• False allegation by Builder in Response to my Complaint in UPRERA court

Complaint filed against Builder for making promise to provide complete woodwork in the flat before taking Booking amount.. Later refused to incorporate the same in agreement.. We demanded the refund but builder refused to pay.
I filed a complaint in UPRERA court... In response to our complaint, Builder has submitted his response and in one of the points has written that "I am an investors and wanted to make huge profits"..
This is a completely false allegation and unable to understand on what basis such allegation has been made by Builder.
I wish to know if I can file a defamation case against builder for such false allegation which has created so much of mental stress to me..
Asked 2 months ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu

The statements made in the reply must be vehemently denied and a defamation case can only be filed against him when he has stated something publically that is defamatory to you. Damaging to your reputation and I don't  think that being an investor is bad although you are not so. Therefore file a criminal complaint against him for stating false facts and misleading the court.

Regards 

Rahul Mishra
Advocate, Lucknow
2902 Answers
9 Consultations

5.0 on 5.0

See calling you investor is not defamatory he is just taking this stand to counter your RERA complaint so in case he has no supportive evidence of same his defence Shall fail and you will get relief under RERA.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

1) Kindly clarify whether builder has given any written commitment by emails , messages or in brochure wherein he promised to provide complete woodwork in flat 

 

2) if you don’t have any such documentary evidence you would not be able to make out  a case for refund 

 

3) you can deny allegations that you are an investor who wanted to make huge profits 

 

4) take plea hat you bought flat for residential purposes and not for investment purposes 

 

5) no need to file any defamation case 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Sir just in arguments or by way of filing rejoinder rebuttal the allegation baselessly raised by builder.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

Defamation case is not maintainable under the given facts and circumstances. 

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

You can once the rera case is disposed.

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

No defamation case can be filed for the statement that has been made before the court in the court proceedings.

You may file a reply and ask the court to put respondent to strict prove as to on what basis the said claim is being made. 

Regards  

Anilesh Tewari
Advocate, New Delhi
14897 Answers
209 Consultations

5.0 on 5.0

File a reply to the reply filed by them and ask the RERA authority to conclude the hearing on next date.

Such allegations raised by the builder are very general in nature, do not worry about the same. 

Regards 

Anilesh Tewari
Advocate, New Delhi
14897 Answers
209 Consultations

5.0 on 5.0

The builders claim for you being investor does not mean anything if you have registered for a property and you have made an agreement with the Builder for the property that agreement is binding and in case there is a deviation in the promised layout and services you have already rights to move to u p rera in this regard and complaint against the Builder to claim the damages in case you have not refunded your amount and cancellation you have 2 again move to the state consumer Commission if your value is more than 20 lacs along with your complaint in rera .

I am based in Lucknow and looking after  many cases of this kind please find out my details from this site and you may contact me for this case if you wish to do so

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

1. How would you prove a promise which was not even incorporated in the agreement? 

2. By no method of legal interpretation the statement of the builder can be termed defamatory. In defence to a case the defendant/respondent may make an averment which may not be true but even an untrue statement is not per se defamatory. In your case the court is yet to give a finding on whether you were an investor or bought the property for self use, and there will be no occasion under RERA to give this finding either as this is not a fact in issue before the court.

3. The statement of builder does not reduce your estimation in anyone's eyes, so no defamation is made out.

Ashish Davessar
Advocate, Jaipur
25653 Answers
730 Consultations

5.0 on 5.0

Being an investor doesn't disentitle a person from making a claim in Rera

Yusuf Rampurawala
Advocate, Mumbai
3667 Answers
16 Consultations

5.0 on 5.0

You cannot file a defamation case against the builder for this.

You have made some averments, in his counter he has made allegations against you.

You better contest the same and prove with evidences that they are false and frivolous.

T Kalaiselvan
Advocate, Vellore
49837 Answers
590 Consultations

5.0 on 5.0

You are welcome.

Rahul Mishra
Advocate, Lucknow
2902 Answers
9 Consultations

5.0 on 5.0

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