Hello,

if the builder has a thick skin then nothing is going to happen. In my advise you should also file a case before the consumer forum and claim the refund along with interest. 

Regards

1) notice would be issued to builder to record his statement

2)investigations would be conducted and charge sheet filed against builder 

3) builder would apply for and obtain Anticipatory bail from sessions court 

4) also file complaint against builder before RERA and seek orders to direct builder to refund your money with interest 

Hi,once the FIR is registered ,the police can arrest the directors of the company ..The directors can apply anticipatory bail , therefore you should ensure your lawyer should be there at the time of bail hearing ..Once his custody is obtained the police will join the directors of the company to the investigation upon the charges framed in the FIR ...Upon completion of investigation police will file the investigation report in the court and the trial will commence ...

- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.

- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest. 

- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder. 

1. EOW will no issue a notice to the builder for investigation in the case , and to proceed the case .

2. Out of this criminal case, you can file a complaint before the Consumer Forum and RERA , for getting refund and compensation as well. 

3. You have right to take refund with interest as i mentioned above.

4. The builder will apply for getting anticipatory bail from the session /High Court. 

5. When builder will apply for getting bail, then I.O. of the case will inform you , then you should appear before the court with lawyer to oppose the bail .

The court will issue a notice in case AB is filed by the builder. 
Also, if the RC has not been issued till date then in that case you may move to All. HC and request the court for a direction to issue RC and execute the award. 

Regards

In case of failure by the promoter in complying with the order, an aggrieved home buyer can approach Rera under Section 63 of the Act, which provides for penalty in case of failure to comply with the orders or directions of Rera

2)In case a developer does not honour the Rera order, it. Is forwarded   to the concerned district magistrate to recover the dues. The district magistrate recovers the money as arrears of land revenue. Money so recovered is deposited in Rera account and from there it is transferred to the beneficiaries of the Rera order."

2) you should oppose application of anticipatory bail filed by builder 

- You can file an application for knowing the status of the case before the magistrate .

- Anticipatory bail is a right of an accused , and you will be informed if builder will file the same before the court. 

Minutely going through your facts of the case and questions put up by you I am answering as follows:-

1- After lodging FIR EOW and IO would initiate appropriate enquiry and investigation into the facts appearing in your set of complaints. The     I O would collect evidence for the case and prepare for the charge sheet. 

2- Question No 2 is too technical. It is the lawyer who knows everything about your case would decide what steps have to be taken to ensure that all accused are taken for the task as per the provisions of Law. Simply reading few lines in the present post we are unable to guide you for the next steps without knowing the contents of FIR and sets of complaint made to EOW for action under Criminal Law.

3- As buyer, you must ensure proper follow up with I O in your case.

4- The Builder has two options I) Quashing of FIR Before The High Court under section 482 of Cr. P. C.1973

II) He may go for Anticipatory Bail Application under section 438 of Cr. P. C . 1973 befor Sessions Court. 

5- Please appoint an effective and knowledgeable lawyer who knows all steps right from registration of FIR till Judgement before Trial Court in Criminal Proceedings would be more helpful for either setting your matter in your favour or getting arrested the Builder putting pressure for the settlement while Builder in Police custody. 

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.

Dont bother, investigation in on, when EOW will approch builder, builder will himself come for settlement otherwise will land in jail. Simultaneously file Consumer complaint. Investigation takes time and sometimes manipulated.

Press execution petition, lastly RERA will direct collector to recover amount from builder by attaching its property.

Till payment not made, bail may not grant.

When he will apply for bail, notice will issue to complainants.

You don't have to do anything the police will complete investigation and file charge sheet. 

Your witness examination will be done and trial will be conducted. 

You can provide evidence to police to strengthen their case and also do follow up in rera.

1. Applying for bail a civil liberty of every citizen.  In appropriate cases getting bail is a right also. Therefore you can oppose his bail application but can ensure getting it rejected. 

2. Your lawyer would not be informed.  Only the IO would be informed.  Therefore keep in touch with him so you can oppose his bail prayer.

3. You did mistake by approaching a wrong forum.  You should have filed before the consumer forum. 

1. Once the EOW police have registered FIR, they will follow it up as per provisions of law.

2. Your lawyer has got no role to play once the police have registered FIR for the offences mentioned in your complaint.

3. The police will record your statement, you can submit all the document available in your possession at that time.

4. The builder will take care of them, you don't worry about it.

5.  You follow it up with the EOW police properly without a lapse from your side.

If you have an order from RERA, then you can file an execution petition befor civil court to execute the orders of RERA.

You can file an intervene petition to object his application for bail at the time of hearing of his bail application.

Nobody will be informed about the bail applied by the builder, hence you may file a caveat before the concerned court to come to know about the bail application filed by the builder.

1. Oppose the bail on arguments date.

2. Only IO and may be lawyer will be informed 

After the registration of the fir the police investigation starts and they file a charge sheet or a final report in case they come to a conclusion that there is no case. Ensure that all the statements are taken. Ask your lawyer to pay them a visit often and go with him.

He will apply for an anticipatory bail. Look out in the district court and the high court. In cases of anticipatory bail the state government is tge party and not the private complainant. Therefore look out if he files an anticipatory bail application.

The proceedings of rera are going on online despite tge pandemic. Approach rera for execution.

File complaint against builder before consumer forum and seek orders to direct builder to pay you compensation for delay in delivery of possession 

If the accused person applied for anticipatory bail in high Court then you can appear through your counsel in that case and raise objection and pray to reject the bail application. 

1. EOW will investigate the matter and file chargesheet against builder before magistrate after his arrest. 

2. You can ask for copy of complaint and other documents your lawyer have submitted to EOW.

3. You need to provide copy of all documents available with you.

4. Anticipatory bail.

5. Just follow up the case with investigation officer.

Yes your lawyer will be informed.