• Received RERA order in my favour, want to file additional criminal, forgery case against builder

Hi Sir/Madam,

I've Purchased a Plot in 2015 from a builder at Lucknow & till date neither received its possesion or Refund. After that in Oct 2018 I filed a case in RERA & after fighting for almost 1.5 years, just last week able to secure an order of REFUND from RERA (at 9% simple interest.......although i expected more along with some compensation).

But after discussing with people i came to know that RERA order execution process is also very pathetic !, Now I've wait for 45 days & then apply for RC (which'll additionally take 2-3 months to issue), then i've to sent that RC to concerned DM of that area to initiate recovery under the land revenue Act (Really don't know how effective this is on ground & how long will it takes ?).

I think builder knows all this already & hence he's just sitting cool.
I informed him regarding RERA orders but it doesn't seems to be any effect on him !!! (don't know what kind if law & order this country has) 

My question is although i'll proceed as per above process, is there any additional way to make builder's life tough ?
e.g to file some additional Criminal case of 420, 409 for Fordgery, cheating (taken money & then not responding at all) ?

Some suggested me to get an FIR filed through court under section 154 & then ask Police to take against builder (but i doubt as police will just take money from builder & do nothing)

Plz suggest me some most effective way to get my money back, as i am feeling highly frustrated & cheated (inspite of fighting legally too not getting justice)
Asked 12 days ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu

See you can file a private complaint of cheating and breach of trust directly before the jurisdiction magistrate under 156 crpc praying before magistrate to take cognizance and register the complaint.

 

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

This is not an end to this case and going through a criminal case is not very effective way. Please wait 30 days and builder will definitely go in appeal in RERA TRIBUNAL against the order. The decisions in the tribunals are quick but you need to wait and find out an advocate of your choice to look after your case properly to contest.

Good luck!!

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6196 Answers
19 Consultations

4.9 on 5.0

Best way to file 420 case against builder. As of now and mentioned in that supplement of additional documents to produce you have rights means applicant has rights, so you can produce RERA order for reference as will or depending upon his defense to your application.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Litigation is long drawn and expensive proposition 

2) you should apply for RC and seek to execute RERA order against builder 

 

3) you can file police complaint of cheating against builder under section 420 of IPC as builder has failed to refund your money nor delivered possession of flat 

 

 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

A criminal complaint is different from a case filed for compensation. You will get your money back. But you should file a criminal complaint against him for fraud and cheating in the district court.

 

Rahul Mishra
Advocate, Lucknow
6184 Answers
14 Consultations

5.0 on 5.0

You can file the said FIR in police station or you can also file complaint to magistrate in court. You need to have lot of patience in India legal system it takes time

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
3669 Answers
19 Consultations

5.0 on 5.0

Sec.154 will not help you , go for Sec.156(3) CrPC and you may also file cheating and threatening cases against the builder.

Koshal Kumar Vatsa
Advocate, Gurgaon
1851 Answers
1 Consultation

5.0 on 5.0

Instead you should have file FIR. fastest recovery of principal amount + settlement amount to close case. File FIR now and also process execution petition with RERA.

If you would have filed consumer complaint, refund on same interest rate + compensation. Still you can file.

Directly go to police station, if police refused to register FIR than file through court. 

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

Since you have already approached RERAand the authority has granted you the desired relief, you may have to follow the same route for recovery as per provisions of law in this regard.

If you have not approached RERA then you could have dragged the builder to consumer forum where you will get more effective remedy and speedy disposal of the recovery process 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

You can file complaint against builder u/s 420 468 of IPC.

Mohammed Mujeeb
Advocate, Hyderabad
13812 Answers
6 Consultations

4.5 on 5.0

1. You should file a criminal complaint against builder in court. 

2. You can also file execution petition Against builder and claim for attachment of his property to clear the decree amount And in execution of decree court can also issue arrest warrants of Judgement debtor.

Mohit Kapoor
Advocate, Rohtak
6548 Answers
2 Consultations

5.0 on 5.0

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