27-Feb-2021: Sale agreement entered to purchase a land parcel (commercial) for a sum of 30 lacs with a local builder. The sale agreement is NOT registered. The Sale agreement mentioned to complete the Sale Deed within 4 months of this date. A total of 22 lacs was paid to the Builder via 2 bank cheques. The final instalment of 8 lacs to be paid within 4 months on or before plot registration. The Sale Deed Registration did not happen as the builder failed to complete the Bridge access approach leading to the plot entry within the said 4 months. After following up for a year until Feb 2022, and seeing no sign of bridge work progress, we agreed to register the plot by paying final sum of 8 lacs. However, builder kept dilly dallying the registration and never came forward by citing many excuses of Covid and rains and other labor/office/election issues. Later in Dec 2022, we discovered that he sold the plot to a different party and never informed about it. He sold the property/land in Feb 2022 and never cared to inform us and cheated us for all these days. It is now close to 2 years this is going on. Upon catching him red-handed, the builder accepted his mistake and promised to set things right by refunding the money and/or getting it re-registered from the other party. It has been 2 months and he is again making those false excuses and promises and his acts don't show any trust. As of today, we are close to 2 years from our Sale execution date of Feb 2021. What are the options we can take here against the builder 1. Police Case (Cheating case, fraud, breach of trust) --> Sale Agreement is on e-Stamped paper and not registered. Can we file a criminal case here ? What sections are attracted ? 2. Consumer Court case ? 3. Civil Suit ? 4. Anything else ? 5. Which Police station this FIR must be filed with ? The Police station jurisdiction where the land parcel is situated or the police jurisdiction of our current residing address ? 6. If Police don't register an FIR - what would be our next steps ? 7. How long do these cases (Police, Consumer court, Civil suit) go on before any relief is obtained. Kindlly Suggest
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File police complaint of cheating ,criminal breach of trust against builder under section 406,420 of IPC
2) also file complaint against builder before RERA or consumer forum and seek refund of money paid with interest
3) FIR should be filed at police station within whose jurisdiction offence was committed
4) if police refuse to lodge FIR fine private complaint before magistrate Inder section 156(3) of cr OC to direct police to investigate and submit report
1. You can file both cheating and consumer.case. you can opt between rera and consumer case for compensation.
These cases takes some considerable times and on India there is workload in courts
- 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 the agreement is not registered , then also you can claim 10%interest with compensation from the builder.
1. Since, the builder has cheated you after selling the plot to others , then you can lodge an FIR against him for the offence of cheating and breach of trust under section 420/406 IPC
2. You can also file a compliant before the Consumer court for getting refund of entire amount with interest.
3. A recovery case can be filed against him as well.
4. You can send a legal notice before approaching the consumer forum and recovery case
5. The place where the land or cause of action arisen.
6. If police refused , then send the complaint to higher police official
- Further, even no FIR , then file a compliant before the magistrate under section 156(3) CrPc.
7. Depend upon the burden of the court.
This a clear case of cheating with documentary proof. He is sure to go behind bar.
Dear client I am sorry to hear that but in this case you can approach the court or nearby police station to file a complaint against them
. This is an act of cheating attracting criminal offence under various sections of Indian penal code namely section 406, 420 etc. You can lodge a criminal complaint against the builder with the jurisdictional police station.
Yes, a complaint with the consumer forum or a complaint with the RERA or a civil court for specific performance of contract also are maintainable.
If the police is not accepting the complaint you may approach judicial magistrate court with a petition under section 156 (3) cr.p.c. seeking direction to concerned police to take legal action on the complaint accordingly.
The time taken for disposal of your complaint/case cannot be predicted owing to various factors involved in it.
