It has been two months since start3d association and builder was saying he will soon give corpus fund of about 23 Lakh soon. Yesterday he sent a stamp paper document stating that association will be handed over corpus fund and a partial amc in instalment provided we sign the document. Document says we don't involve or disturb his activities as well there's a lot of pending works and defects in apartment about which nothing has been mentioned . It's a kind of blackmail that either we sign the document to get corpus fund which belongs to association as per our sale agreement it has to be handed over to association.
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Most builders are facing financial constraints
it it is better to accept corpus fund in instalments
3) litigation is long drawn and expensive proposition
4) in alternative complain to RERA against builder and seek orders to hand over your corpus fund
You do not have to accept the corpus amount in installments. Issue legal notice to the builder to do the needful, if he doesn't adhere file a complaint against him in RERA or Consumer Court in order to make him rectify the defects in the apartments as well as return the corpus fund.
Hello,
If the builder is not giving the corpus fund then send a legal notice to the builder and if he does not do the needful thereafter also then file a case before the district consumer forum for unethical practices and deficiency in service on part of the builder.
Regards
Can i file a criminal case in court. Doesn't it constitute breach of sale agreement clearly and a case a fraud.
Criminal complaint for the offence of criminal breach of trust and cheating can be given against him under section 406 and 420 of Indian penal code, though it is a consumer case.
Yes, you can file a criminal case but since it is a civil matter mostly, the police might refuse to lodge a complaint.
Best remedy will be to approach the consumer forum.
Regards
You can file complaint of criminal breach of trust against your builder . Criminal cases take 10 years to be disposed of
2) hence advised to file complaint against builder before RERA as it would be disposed of in 3 months or so
You can go before consumer court or file cheating complaint against him. Consumer court is better remedy
See the association can deny to accept his unreasonable terms , association can approach the RERA authority and can file a complaint with RERA authority or alternatively a consumer complaint can be filed.
See criminal case for same shall not be maintainable it is better to take RERA recourse.
the builder has to handover the maintenance fund or corpus fund to the apartment owners association.
You can file complaint before district consumer forum against builder...
Better, approach consumer forum.
Dear client
You can file a criminal complaint against the builder for breach of trust by agent as the builder is agent for delivering the property and promises he done by way of agreement. And also complaint against him for getting signature on papers by blackmailing you all.
Also you can file recovery suit of he doesn't return the corpus fund to association in time.
Your association do not have to budge to any pressure from the builder.
If the builder is not cooperating then he may be taken to task.
He can be dragged to consumer forum for the deficiency in service as well as a money recovery suit can be filed in the civil court for the corpus funds.
You may discuss with a local advocate and proceed on the basis of suggestions received.
This may not attract criminal provisions becasue he will easily escape stating that he has already promised to return the amount and moreover this is of civil nature, hence you may decide judiciously to deal with this accordingly.