Hello All, 1.I live in building (Ground +4) at Nerul Sector 6. 2. Builder sold us flat stating that building has been constructed on Gaothan plot (project affected plot for people whose land is acquired by CIDCO) and gave us fake CC certificate as well. When we applied for Society registration at registrar office we found that CC certificate is fake hence we went ahead and filed RTI to know whether the plot owner is really the Owner and have land registered under his name or not. CIDCO's answer to RTI that CIDCO is the owner of the plot and showed us the demolition noticed served in 2013 but no action was taken at that time. 3. Now our Society have received demolition notice on Friday 3rd June, 2016 from CIDCO. I wanted to know what legal options are available to us to stop this razing and though we call ourselves educated we have been cheated here by owner and builder.
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1) file complaint against builder under section 406, 420 of IPC for criminal breach of trust , cheating ,forgery as builder has cheated flat owners by giving false CC certificate
2)you can also move court and seek stay of demolition .
3) file suit against builder to refund money paid by you for purchase of flat with interest
Only because you have bought the house is no ground to stop demolition.
If the CIDCO indeed is owner and has not developed the plot then the present fake owner has played fraud upon all of you and hence the building raised on the bais of fake papers and probably without any sanctioned building plan is liable for demolition.
Since the demolition notice is not with me , I am not in proper place to determine the merit of the demolition notice.
Meet a local lawyer and show him all papers.
Hi,
You can take civil as well as criminal action against the owner and the builder based on the agreement which you have between them.
1. The civil action is to file a consumer complaint in the consumer forum against the builder seeking return of the amount, compensation and the damages which you incurred in this deed. If in case you're not proceeding with the consumer complaint you can proceed with a civil suit in a civil court for the recovery of the amount paid and the damages in which you can also CIDCO a party for their inaction during the time of construction and afterwards.
You should also try for an injunction against the demolition.
2. The criminal action is to lodge an FIR before the police against the builder and owner for cheating and forgery under IPC 420&406
I wanted to know what legal options are available to us to stop this razing and though we call ourselves educated we have been cheated here by owner and builder.
You have to immediately move the civil court to obtain permanent injunction and also an ad-interim injunction on the same lines restraining the CIDCO from initiating any action as given in the notice till disposal of the main suit.
You can implead the builder as another defendant besides CIDCO. You should seek releif on the basis of your innocence about the hidden fact which was not revealed by the builder at the time of execution of sale of the property.
Though the success rating is just 50-50 you should not give up your efforts till the end.
I have follow up question on this regarding the Bank Loan taken against the above property. The Bank name is Gruh-finance.(Subsidiary of HDFC) While sanctioning the loan, Bank's legal department gave us 'Search Report' and they didn't even verified CC produced for the property loan(fake CC provided by builder). No proper legal procedure was followed to verify the authenticity of the documents before approving the loan against property at dispute. If the building mentioned in above question is demolished what should be my stand regarding repayment of loan. What legal actions bank can take against us and what are the options available for us to defend against bank.
The bank will not be concerned with the CC.
The bank has granted the loan on the basis of papers submitted before it and on the basis of legal opinion.
If the authorities are demolishing the building then the bank will pounce on you for the repayment , they will not be bothered about the irregularity or demolition.
Therefore as advised earlier, you may move court agaisnt CIDCO with an injunction suit and interim injunction application too.
First safeguard yourself and then you may make the research about how bank granted you the loan and what was the basis and how to defend yourself against the clutches of bank for repayment.
1) if bank has disbursed loan to you and payment made to bank you are bound to repay the loan
2) bank will seek to auction flat for recovery of loan
3) in case of shortfall sue you for recovery of balance amount
4)you can file complaint against bank before consumer forum and seek compensation for deficiency in service and seek compensation for having failed to verify whether cc was genuine or fake
1. You are facing the consequences of failure to conduct due diligence. Now rush to court through a suit for injunction to restrain the authorities from demolishing the property.
2. You continue to remain bound to repay the loan even after the property is demolished. The bank may file a suit for recovery to recover the amount lent by it.
