Sir the applicant on seeing advertisement on mail took a part with a builder who told to book a flat at dwarka L zone by lottery. The applicant on seeing the same transfer 21000 to participate in booking by draw. Builder told his company will get land at land pool policy at Delhi dwarka and build 100's of flat. The applicant got message that your draw came and they send all brouchers etc for payment and building price. The applicant deposited nearly 681000.00 rupees in two installments. Applicant send many mail and make many call to builder registered numbers for status but no one reply. One day on seeing rera Delhi site it came to the knowledge of applicant that rera had taken su-motto notice and registerd case against this builder for not registering there project and floating brouchers in market for sale of there project. Case is under hearing. Kindly guide. One day on visiting rera delhi site
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, Evidences & 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.
File complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest as project is not registered with RERA
also claim litigation costs and compensation for mental torture undergone by you
File a police complaint against the builder for fraud under 420,406IPC
- Delhi government has already passed RERA Act in Delhi on 26 March 2016 ,and made mandatory to be registered from the same , for protecting the interest of home buyers.
- If the said builder has advertised for the same , then you can lodge a complaint before the builder for the offence of cheating and breach of trust .
- Further, you can lodge your complaint against the said builder before the Consumer Court for getting refund of entire paid amount with 10% interest and for compensation .
You need to file FIR fir cheating in this case. Also file case under consumer protection Act for deficiency of service and seek refund
Please approach Police Station to file a case of cheating and forgery under section 420,467,471,34 of IPC for prosecution.
Next
Please approach Civil Court for temporary injunction against the project of Builder under order 39 of C . P. C 1908 and seek stay order against the Builder until you get your money back.
Next Please approach Civil Court and file suit for permanent injunction and declaration of title over the property project of which you effected the payment by cash/cheque and receipt thereof.
First check the status of the project and if you dont find it satisfying you can ask for refund for delay in both rera as well as in the consumer forum.
Dear Sir/Madam,
You are suggested not to worry and the builder is required to get the project registered with RERA. In that case, he is supposed to submit the reply and the fee/penalty for not registering the said project.
File FIR of cheating and criminal breach of trust.
Dear Sir/ Madam,
You too join the proceedings by filing proper application for being impleaded as party or file fresh application against builder
Issue a legal notice through an advocate and file complaint before District Consumer Court.
The applicant should lodge FIR against builder for doing fraud with applicant by misrepresentation of facts and takinv booking amount for flat in a project which was not registered with RERA.
A complaint must be filed against the builder in the RERA tribunal for delaying the project and not registering it with RERA.
For refund with interest too.
What is your grievance?
Did the builder cheat you by taking money and not constructed the flat?
Is it under RERA now?
If so, first find out the status through website of RERA
You can even lodge a police complaint for heating if the builder is not responding
You can write to the builder about cancelling the booking and demand the refund of the booking amount after which you can drag him to consumer forum
