• Can a co-applicant file a case in EOW?

My father booked a flat with my brother as the primary applicant and himself being the co-applicant. Builder has not started the construction even after 2 years. My father wants to file a complaint in EOW, but my brother is not available to sign the complaint. Can he file the complaint as a co-applicant?
Asked 4 months ago in Property Law
Religion: Hindu

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8 Answers

Your father can file complaint against builder before EOW as he is co applicant for purchase of flat 

Ajay Sethi
Advocate, Mumbai
92892 Answers
7157 Consultations

5.0 on 5.0

Yes, your father too can file complaint with EOW. He can also take special POA of his son and can file complaint in his personal capacity and also in the capacity of being special POA holder. 

Siddharth Srivastava
Advocate, Delhi
1150 Answers

5.0 on 5.0

- Yes, he can file the said compliant being one of the applicant 

- Further, 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. 

- He can also send a legal notice to the builder

Mohammed Shahzad
Advocate, Delhi
12177 Answers
170 Consultations

5.0 on 5.0

Whether primary applicant or co-applicant, both are entitled to the property jointly.

Therefore there is no legal infirmity in your father giving the complaint individually before the EOW or even the consumer commission.

 

T Kalaiselvan
Advocate, Vellore
83082 Answers
1999 Consultations

5.0 on 5.0

You can only file or there is cheating made out against builder. Otherwise it will not be maintainable in EOW. You can also file complaint in consumer court or RERA

Prashant Nayak
Advocate, Mumbai
30784 Answers
155 Consultations

4.1 on 5.0

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Even if father is the co applicant, he can file the complaint since he also has interest in the property. My team is dealing with various cases of such nature. Legal Notice can be sent claiming the amount of compensation for the mental and physical agony. Generally, cases are settled at legal notice stage.


These days the builders or developers are not fulfilling their aspirations and promises. They are acting numerous malpractices including frauds, cheating, delayed possession, misuse of buyer’s hard-earned money and the list goes on.

The law facilitates several civil remedies under NCLT and RERA for distressed homebuyers. However, side by side the homebuyers can proceed with filing criminal cases against errant builders before Economic and Offence Wing.

The Economic Offences form a separate category of criminal offences. Economic Offences not only victimize individuals with pecuniary loss but can also have serious repercussions on the national economy. Economic offences, such as counterfeiting of currency, financial scams, fraud, money laundering, etc.

There are the following ways to initiate criminal proceedings against the builder before EOW:

-FIR would be filed;
-Police would issue notice to builder for investigations;
-Statement of complainant would be recorded;
-EOW would file charge sheet on completion of investigations;
-It would not affect your ongoing petition in any court. 

 

You may contact my secretary to connect with me for clarification.

 

Gopal Verma
Advocate on Record
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
362 Answers
9 Consultations

4.0 on 5.0

In general, if your father is a co-applicant on the flat booking and your brother, the primary applicant, is unavailable to sign the complaint, it may still be possible for your father to file a complaint on his own as a co-applicant. 

 

When filing a complaint, it is important to provide all relevant information and supporting documents to substantiate the claim. This may include the flat booking agreement, payment receipts, correspondence with the builder, and any other evidence of the delay in construction.

 

 

 

 

 

Anik Miu
Advocate, Bangalore
7759 Answers
90 Consultations

5.0 on 5.0

No case made out for EOW. Approach RERA and FIR.

Can he file the complaint as a co-applicant? YES

Yogendra Singh Rajawat
Advocate, Jaipur
22323 Answers
31 Consultations

4.4 on 5.0

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