File case against builder for cheating , criminal breach of trust under section 406,420 of IPC 

2) if police refuse to lodge FIR file private complaint before magistrate under  section 156(3) of cr pc to direct police to investigate and submit report 

3) you cannot file case directly in HC 

4) case can be filed in Agra as you are residing in Agra and payment was made to builder from Agra 

1. and 2. As a consumer case is already filed, it is not absolutely necessary to file a criminal complaint now. The burden of proving that the promoter/builder intended to cheat you shall be on you. In the absence of any concrete evidence, it may fail. As you say, if the promoter/builder has any political connections, the police may not pursue the case.

3. and 4. No, for lack of jurisdiction, you cannot do so.

5. First you have to lodge a criminal complaint. Then the police will investigate and register an FIR.

1. No case of cheating or misappropriation etc are made out against builder. Utmost, if project is registered under RERA then you can report the matter to authority and can also claim damages with interest. 

2. No police case is made out. You can sent your complaint through post also but it would be a wastage of time. 

3. No case is made out nor any cause arises in agra. 

4. Without filing complaint to police you can not approach court directly. 

5. On receiving complaint police will call other party and shall sought his version and shall investigate the matter if any case would be made out. 

1. No cheating case will lie if the delay is due to other reason.

2. Rather file case before the consumer forum and seek refund of money along with compensation. 

1. No criminal complaint would  be entertained by police when you have already initiated a consumer dispute case before the consumer commission.

2. Whether you are new or a resident of Bangalore, the police cannot refuse to accept your complaint, if they do so then you can approach the higher police officer of the city with a similar complaint or approach the jurisdictional judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the concerned police or file a private criminal complaint under section 200 cr.p.c. directly against the builder.

However if you have already approached consumer commission with a complaint for similar relief then your criminal complaint may not be entertained 

3. If the cause of action had arose at your place (Agra), then you can initiate legal proceedings at Agra itself, but you have stated that you have already instituted a proceedings with the district consumer commission.

4. High court will not entertain any criminal proceedings directly.

You can approach police or judicial magistrate court for relief.

5. You give a complaint to the police, let us see if they are entertaining your complaint or refusing to accept it for the reasons as stated therein.

- 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.

1. Since, the said builder is not taking action against the encroacher , then you can file a complaint to the police for cheating and breach of trust against the builder. 

2. If police refused to lodge an FIR , then you can file a compliant against the builder before the judicial magistrate. 

3. Approaching the police is necessary before filing case before the court , and it should file in Bangalore as cause of action arose in that city 

4. It should file in Bangalore , however if any transaction has taken place in Agra , then you can file the caser before the district court and not High Court. 

5. Police will investigate the matter ,after taking your statement . 

Hi, Filling criminal case will not help you much. If you want you can ask for refund of your amount with interest. It is better you can approach consumer commission or civil Suit.

[2] If the project is RERA Registered then you can approach RERA Court.

Dear client,

I'm sorry to hear about the situation you're facing with the delayed possession of your flat in Bangalore. Legal recourse in such matters involves various actions that can be taken against the builder based on the contractual agreements and the Consumer Protection Act. You've mentioned that a consumer case is already filed, which is a good step. Pursuing this avenue can help in seeking compensation for the delay in possession and breach of agreement. Based on the clauses in the Agreement of Sale where the builder provided an undertaking that the property is free from encumbrances, you might consider filing a criminal complaint against the builder for offenses such as:
-Cheating: If the builder knowingly provided false information regarding the encroachments or the status of the property.
-Breach of Contract: If the builder has violated the terms of the agreement by failing to deliver possession as promised.

You can file a complaint with the police against the builder for fraudulent activities or cheating. Ensure that you have all the necessary documents and evidence to support your case.

Filing a criminal case against the builder directly in your home state's High Court or in a sub-ordinate/district court in Agra without approaching the police might not be the typical route for criminal cases. Usually, criminal cases are initiated through the police, who investigate the matter and then file a charge sheet in the appropriate court. However, in some exceptional circumstances, especially when there's a clear and direct case of fraud or other criminal offenses, it might be possible to approach the court directly.

To file a criminal case directly in court without involving the police, you'll need to:

1. Prepare a Complaint: Draft a comprehensive complaint outlining the criminal offenses committed by the builder, supported by all relevant documents and evidence.

2. Approach the Court: You can approach the High Court or a sub-ordinate/district court in Agra directly to file a private criminal complaint. This complaint should detail the offenses committed by the builder and why you're seeking legal action directly through the court.

3. Court's Discretion: Whether the court accepts your complaint and initiates proceedings directly or requires police intervention might vary based on the specifics of your case and the court's discretion.

This approach involves a different legal procedure and might have its own complexities. It's crucial to have strong evidence and legal guidance when pursuing this route.

Filing an FIR (First Information Report) with the police station regarding the delayed possession of your property doesn't necessarily require an immediate incident or a physical place involved. In cases of alleged fraud, breach of contract, or other criminal offenses related to property matters, an FIR can be filed based on the documents and evidence supporting your complaint. The police will record the details provided in your complaint, which includes the allegations against the builder, the documents supporting your claim, and any other relevant information you provide. After the FIR is lodged, the police are responsible for conducting an investigation. They may visit the site, gather further evidence, and interview relevant parties to verify the claims made in the complaint. Based on their investigation, the police will compile a report detailing their findings. This report will be submitted to the appropriate authorities for further action. Depending on the findings of their investigation, the police may take legal action against the accused, which could involve arrests, further questioning, or filing a charge sheet in court. Even if the case primarily involves documents and financial matters without an immediate physical incident, the police are obligated to investigate the matter based on the information provided in the FIR.

You can reach out to us for further assistance

You can file both cheating and consumer complaint against builder 

Both the NCDRC and the Supreme Court have already ruled that a group of consumers with the same interest can come together without forming any association to file a case in NCDRC and qualify under the threshold of more than Rs 2crore or more claim. The apex consumer forum can take up cases directly where the claim is  more than  Rs 2crore . If the claim is less, then consumers need to file cases in the district forum or state commission.

1.  If all the buyers have common complaint or a similar complaint then they can join together to file a joint complaint.

The Supreme Court has held that where there are more consumers than one having similar grievance, it is not necessary that they must file  consumer complaint in representative capacity under Section 35(1)(c) of the Consumer Protection Act 2019. Instead, these few consumers can join  together and file a joint complaint."There is nothing in the Consumer Protection Act 2019 to prohibit these.

2. They cannot sue or be sued.

3. They cannot file in the representative capacity.

4. no

Dear client,

1. Forming an unregistered association of owners allows several buyers with possession concerns from the same builder to jointly launch a lawsuit in the consumer forum. Members of the association can file a joint complaint detailing their issues, but first, they must come to a clear agreement among themselves.
2. In a consumer forum, an unregistered association of owners may indeed submit a case. Such matters are governed under the Consumer Protection Act, 2019, Section 2(7), which defines a "complainant" to include an association of individuals. Regarding the complaint process, see Section 12 of the Act.
3. In a consumer dispute, an unregistered association of owners may join individual owners as petitioner parties. Under the Consumer Protection Act of 2019, certain associations are permitted to register complaints on behalf of their members under Section 12(1)(b).
4. Under the 2019 Consumer Protection Act, an unregistered association of owners may file a petition against the constructor. They have the option to report the builder for unfair trade practices or service deficiencies. An association of people is included in the definition of "complainant" under Section 2(7) of the Act.

Hope this helps you.

- All the owners can give authorization to one owner after executing POA , to file the complaint and to pursue the case on their behalf.

- An unregistered association cannot be regarded as having any independent legal existence , and hence it cannot  file a suit/case before the court. 

1. Collectively home buyer can file complaint in National commission and also to RERA. 

2. No, but its members on individual basis can joint hands and can file complaint. 

3. No. 

4. No. 

They can file jointly too by forming a group

yes un registered can also file