You need to file a separate civil suit for compensation and damages as criminal proceedings are penal provisions

The builder has been arrested. The trial must be going on. Please elaborate upon the facts and circumstances of the case ie location of the property, how much money was deposited, whether any more buyers are involved etc.

Ok so your property was encroached upon by the builder. Have you filed any cases against him for compensation ie in the civil court or any representation given to the government?

I am sorry but i don't have access to your mail ID so i can only post here or you may contact anyone on this portal for a detailed analysis of your case. 

You have to file suit for damages to claim compensation for loss caused to you 

2) you have not stated detailed facts of your case 

3) we need detailed facts to guide you as to the next course of action to be adopted by you 

If your property has been encroached you have to file eviction suit against the trespasser 

The builder is facing criminal action

If you want to recover compensation from him for the loss caused to you then you will have to file a civil suit in a civil court 

File a ase before real estate authority or Court to claim damages.

Regards 

G.Rajaganapathy 

High Court of Madras 

Since this matter is still subj judice and investigation is still in progress. So you have the option to proceed for filing complaint in Consumer Dispute redressal commission or consumer commission according to the value of the compensation.

You can also claim for interest for the period since the cause of action started along with the legal charges for the case

1. ANY criminal action on Builder shall not result in any type of Compensation to you. At the most he shall be jailed for his criminal offences.

2. However, depending on the documentary evidences you hold, you are entitled to file a Civil Court suit for claiming refund of your principal amount alongwith interest, compensation & damages for the physical & mental trauma caused to you. This is possible by attachment of the Builders other properties, which includes his personal properties.

The criminal cases would only let him rot in jail.

This would not fetch you money. 

For this you will have to file case before the consumer forum. 

If the builder I'd a company then eventually you would get back your money. 

It will be more effective if you could elaborate more that whether you have invested in builder's property and builder got arrested due to this he could not complete the project.

Or 

Your property is near builder's property and he had encroached your property and now you want your land back or compensation from.him.

Your builder was arrested in the year 2009 but you are asking for compensation from the year 1992, what is the reason.

In fact have you taken action to recover your amount so far, if so what action.

You first have to ascertain the builder's current status and consult a local advocate to file a recovery suit before concerned court

You can contact any advocate of this forum for such personal service.

You may also furnish the details so that you can get proper opinion to your problem.

NO compensation but only punishment. You can claim mense profit from 1992 for illegal possession and occupation  of property. 

- Since there is already criminal case filed against the said builder , then investigation will disclose the fraud done by him , but through this case you cannot get amount from the builder .

- You should file a complaint against the said builder before the Consumer Forum or claim damages after filing a Civil suit against him. 

- Further , if your property already encroached by him , then file a Mandatory Injunction suit against him for getting evicted him. 

You need to file a separate writ for compensation other than this FIR case

You need to file separate suit against encroacher for eviction and compensation as per damages suffered by you due to encroachment.

Dear Sir/Madam,

You are suggested that the case mentioned by you is the criminal case where the accused (builder) is liable for punishment of Jail terms. But, if you wish for the compensation for the damages occurred to you, should are suggested to file the case under consumer protection laws or in the civil court. 

Definitely you can recover compensation,  Please note it is necessary to look into the documents to provide proper guidance. 

Call us through the website for further assistance.

1. The Developer has already been booked on various charges.

2. Engage a local Detective Agency to find out his assets.

3. Thereafter file a Recovery Suit claiming return of the amount paid by you with interest, damage and cost.

4. Along with the above suit, also file an application praying for attachment of his said properties till disposal of the suit to ensure that your dues can be recovered by selling his said assets in case the said suit is decided in your favour.

1. The developer getting arrested does not help you in recovering your dues.

2. You shall have to file the Recovery Suit claiming your amount with interest, damage and cost as suggested in my earlier post.

Dear sir,

You have not provided us with the requisite details of the matter, and we do not have your email ID to contact you. It is advisable that you contact any lawyer with all the details and plan your next move. 

Hi, since the FIR has been registered in 2009 ,what has been the decision of the case?? ..The civil suit of recovery has a limitation of 3 years ,if we are intending to recover any investment..Kinldy elaborate your query , on what pretext we are seeking compensation