• Claim for cheating and loss

Hi Respected Sir, we brought a RERA and DPA approved plot in the outskirts of Bengaluru Which is Doddaballapura before 9 months I.e in June 2023. During the buying process the Marketing team never allowed us to measure the plot dimension and insisted it is all planned and approved layout by RERA and Doddaballapura Planning Authority, the dimensions are marked and there was no need to measure the plot dimensions. We did insist even before registration of the plot. We got same response. Finally in June 2023 registration was done and now two weeks back we decided to put fencing to our plot and the contractor confirmed the dimensions are way beyond less. Our actual dimensions in the Sale Deed and Khata is 2095 square feet and the actual size has turned out to be only 1486 squqrefeet. There is a total difference of 608 squqrefeet. The marketing team from developer side had insisted to register it only for the government value. But we brought it for market value full in white money and also paid the actual stamp duty and registration fees. We fell short of about 5 lakh rupees and we took a personal loan for registration. Now after we found this the marketing team and devloper are just doing blame game and not even responding to our calls and not giving us appointment to meet them. In this scenario my query is 

1) Can I file suit with RERA to help me get the refund amount for 608 squarefeet?

2) Can I claim the extra registration fees paid to the government as the difference amount is about 80,000 rupees 

3) Can I sue the marketting team and the developer to recover the interest amount for the extra amount we paid during registration for the plot?

4) Also can I sue them and claim interest amount for the loan amount Iam paying.

I appreciate your patience and guidance and prompt reply.
Asked 1 month ago in Property Law
Religion: Hindu

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8 Answers

File complaint against developer before RERA and seek refund of excess amount paid by you 

 

2) also seek interest on excess amount 

 

3) also file police  complaint against builder under section 420 of IPC for cheating 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1. Firstly report the matter to police against sale team, and company and its directors etc.  if there is discrepancy in sale deed and land on site. Thereafter file RERA complaint case and also file suit for damages or consumer complaint case in consumer commission. 

2. No. the stamp duty has been calculated on the basis land measurement given in sale deed. 

3. & 4. yes. Refer reply to para-1. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

Dear Client,

You can file a complaint with the Real Estate Regulatory Authority (RERA) regarding the discrepancy in the plot size compared to what was mentioned in the documents provided to you. RERA is designed to protect the interests of homebuyers and address grievances related to real estate transactions. Make sure to gather all the relevant documents and evidence to support your claim before filing the complaint. It's possible to claim the extra registration fees paid to the government due to the incorrect plot size mentioned in the documents. However, you might need to pursue this through legal channels, Collect evidence to demonstrate the discrepancy in the plot size and the amount you paid in registration fees. Pursuing legal action against the marketing team and developer to recover the interest and extra amount paid during registration can be done under Section 420 of the IPC, (deals with the act of cheating and dishonestly inducing the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, capable of being converted into a valuable security). You can also include the interest amount you're paying on the loan taken for registration as part of your claim against the developer and marketing team.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. You can complain to RERA to get the refund amount for 608 sft. However prior to that you can send a legal notice to resolve the issue.

2.  Yes, you can claim the extra registration charges paid to the Government. 

3.  It's possible to sue the Developer to claim interest for the extra amount.

4.   It can be done for the loan amount also.

However there should be evidence to prove that the marketing team and/or the developer had indeed informed you that the total area of the plot is 2095 sft and not 1486 sft.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

You can approach rera or consume court for refund

ypu can claim all of above in consumer court but rera has limited application 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

First of all get the plot area measured by a licensed surveyor and obtain his reports to the actual extent of property sold to you by such measurement.

On the basis of the report you first issue a legal notice to the builder stating that he had sold less area but collected the sale consideration amount in excess of the land sold which is evident form the sale deed and the surveyor report and demand him to return the excess amount charged, the interest on the amount paid in excess, the interest amount toward the loan you obtained for this purpose and the excess stamp duty paid towards the difference of actual measurement of the plot to that of the plot shown in the sale deed. 

If the builder is not responding, you may lodge a criminal complaint against the builder with the local police and after that you can neatly draft a complaint and submit it to the RERA and request for the reliefs that you had asked vide your legal notice by a direction to the builder/developer.

You can approach consumer redressal commission also for the same reliefs and remedies. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

1. Though you can file in RERA Tribunal but filing before the consumer forum is a better option.

2. No

3. Yes

4. Yes

Devajyoti Barman
Advocate, Kolkata
22886 Answers
492 Consultations

5.0 on 5.0

Yes, you may lodge a written complaint with the RERA authority, seeking necessary relief. You may file a complaint with the consumer court, in consultation with a competent lawyer, for refund of the excess amount paid.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

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