Inducement to part with money..
We are a group of about 60 flat buyers, who bought apartments from a Builder in New Town, Rajarhat, Kolkata. Except for the allotment money, all other payments were linked to construction. The builder obtains Building permit in April 2011 but managed to collect (95% ) majority money for the construction by May 2009-2010... by exhibiting documents certified by his civil engineers/ architects etc... and by threatening to impose hefty interest charges. The issue is how could the Builder could collect money from us, when he did not even have the Building Permit??? This means, he induced us to part with our hard earned money by cheating.
Now it is June 2015, the project is still not completed.
The Final completion certificate (FCC) and Final Occupancy Certificates (FOC) are still awaited. It appears builder has made some ill-legal construction and is trying to regularize the same, in the process.. the FCC and FOC is stalled.
now, only recently we discovered that the Building permit was granted sometime in April 2011 - so can we move to a suitable court - and request the court to following URGENT RELIEFS: (1) order the Builder to deposit all the monies so far collected immediately in the court - and until the money is not deposited the Directors of this Builder company be taken into Judicial custody ... (2) many people, being homeless had to take possession of the flats despite no FCC or FOC being issued. so, court also to order for maintaining STATUS QUO at project site (3) to order all New Town Authorities such as HIDCO, NKDA etc to ensure that all copies of entire files be deposited in the court for the court and petitioners to examine the same (4) to order all the relevant authorities (such as NKDA/ HIDCO etc) to conduct proper scrutiny of the constructions made, and to make available all these reports in the courts and to the petitioners to check for any non - confirmities and discrepancies. In event if Authorities want to issue the Final Completion Certificate and Final Occupation certificates, the Authorities should do so.. only if they have checked entire construction(s) and find the same in strict compliance of the Guidelines as prevalent for New Town Development Area ...