File criminal complain u/s 406 420 IPC.
Hi, I had booked my flat with Kalpataru in 2009. They have still not given me possession. I want to following 1. Arrest or Kalpataru chairman for the fraud done by Kalpataru. 2.they insisted on taking possession but i have refused as they had not obtained OC. They have still not got OC. 3. Kalpataru has very conveniently ignoring all my pelas. 4.They have also infirmed society that I have deliberately not taking possession. Society on their part is charging maintenance which is illegal . 5. Stop all construction activity for Shrishti project. It's in CRZ zone hence MBMC not issued OC till now . 6. My RTI to MBMC had got gol mol response hence I want MBMC chairman arrested for being part of the fraud and crime
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File criminal complain u/s 406 420 IPC.
We should not take the position of your flat until unless the occupancy certificate and completion certificate are provided by the builder.
You should also consider sending legal notice to the builder asking game to do the needful within 15 days of receipt of the legal notice or to refund the entire amount taken along with interest and compensation.
After that, you can file complaint against him in consumer court. It is a trite law that if the developer forces or threatens the buyer to take possession without OC, the buyer can draw the attention of RERA and/or Consumer Court and can ask for refund with interest or possession with interest. In several cases consumer forum has directed builders to obtain OC within the specified period or pay penalty to consumers.
Pecuniary Jurisdiction of Consumer Disputes Redressal Agencies which includes total amount paid, interest and compensation.
• At District level--Limitation up to 20 lakh
• At State level—Limitation up to one crore
• At National level—Matter above one crore
File complaint against builder before RERA and seek orders to direct builder to obtain OC
2) builder cannot deliver possession without obtaining OC
3) you are not liable to pay maintenance
4) in alternative you can file complaint against builder before consumer forum and seek orders to direct builder to obtain Occupancy certificate
1. File a FIR against them for cheating and breach of trust though if there is agreement between you it is civil dispute so primarily police can refuse for FIR.
2. File a consumer petition before the consumer forum seeking possession and the compensation for the delay.
3.Make society party in the consumer complaint and seek compensation and recover maintenance from them.
4 See you can appeal before the higher authority That is first appellate authority for the better response to your RTI arrest without strict proof is not possible.
1. Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.
2. You can complaint to civic body & even take legal action.
3.you can also file complaint in district consumer forum.
You can file consumer complaint and setaside all the illegal maintenance charged to you. You can also seek compensation for delayed possession.
Giving possession without an OC is like not giving possession at all
The society cannot charge any maintenance if proper possession with OC is not given to flat buyer by builder
Plz file a rera complaint for delay in handover of possession with OC and claim interest for delay
As to illegal construction on CRZ you will have to take up your RTI reply to appeal
1. FIRSTLY, Send a Legal Notice to the Builder, mentioning the mentioned points in your above query and direct him to comply with all the statutory laws, before handing over the possession of the Flats (AND possibly return all the amounts with interest). Send similar notice to the Society.
2. CONSEQUENT to the above, file a grievance petition before the local consumer forum, seeking directions against the Builder to either complete & hand over the Flat with OC or request for return of your amounts with interest and damages & compensations.
3. File complaint application with the Economic Offences Wing (EOW) of the Thane Police, and request for investigation, FIR and charge sheet against the builder.
You can file two pieces one under article 226 in the High Court against the Builder and mbmc and another case against the Builder under section 420 406 and 506 you can also make the society as a party in your first case where the society is charging the maintenance without occupation certificate and possession of the flat
Please note that if society is formed for the maintenance of the township will definitely collect maintenance charges but you should be collected from the builder as you have not taken possession of the property you can also lodge a complaint with the registrar of societies against the society for its illegal practices
If you want all those authorities arrested you may lodge a criminal complaint against them for their alleged fraudulent activities.
You may procure documentary evidences against them and get them arrested if police would cooperate with you in this regard
Since agreement is of 2009 whether RERA laws will be applicable. What is average duration of cases resolution ?
RERA would be applicable as OC has not been issued till date
RERA complaint would be disposed of within 6 months
See if the project is RERA registered the laws apply otherwise approach consumer forum for effective remedy.
Possession cannot be legally offered in absence of OC with the promoter. Likewise, the promoter cannot levy maintenance from the allottees till the time the OC is procured by him.
Fit case to approach RERA, incase this promoter and this particular project is registered with RERA.
File a first appeal under the RTI Act, if you have not got clear responses from Chairman, MBMC.
You must see if the developer or the builder has registered with RERA, if not there is no use of making any complaint with RERA.
The time taken for disposal of such cases cannot be predicted owing to various factors involved in it.
Dear Sir,
You may file a case before the appropriate consumer fora for the money or possession of the flat and also adequate compensation for the trouble caused to you. You can also simultaneously pursue the FIR filed by you and enforce criminal action against the builder.