By Vinod Sampat, Advocate
Step-1 :: Issue legal notice to Builder calling upon him to comply with all the statutory obligations as are stipulated in MOFA Act and complaint to Police station.
Step-2 :: File Complaint with the Metropolitan Magistrate Court.
Step-3 :: Process is issued.
Step-4 :: After process, plea is recorded.
Step-5 :: Evidence.
Step-6 :: Arguments
Step-7 :: Order.
Alternative available to the aggrieved party against the order of the Metropolitan Magistrate Court.
Approach the Sessions Court challenging the order of the Metropolitan Magistrate.
Alternative available to the aggrieved party against the order of the Sessions Court.
Approach the High Court challenging the order of the Sessions Court.
Alternative available to the aggrieved party against the order of the High Court.
Approach the Supreme Court challenging the order of the High Court.
Approximate time frame after filing of complaint:
Process stage (Complaint) :: 3 months
Plea recording (Accused) :: 6 months
Evidence (Both parties) :: 3 to 4 months
Arguments :: 2 months
Order :: 1 month
Normal Time Limit :: 2 to 3 years.
Ref : Sys 9 D : Books 2004 Co-op Soc Ready Reckoner\ Criminal Case against Builder-devesan 10.4.04
CRIMINAL CASE AGAINST THE BUILDER :
Many times Builders give false promises to the flat purchasers. It is observed that normally the Builders do not give copies of Building Plan, Statement of Account, Copies of Original Documents of Title to the property. The Builders do not comply with their statutory obligations as are stipulated in the MOFA (The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act 1963. In such circumstances the options available to the flat purchasers / society include filing a complaint in the Consumer Court as well as initiating criminal action before the Criminal Court against the Builder.
The first question that comes to the mind of the individual is what is the period of limitation as regards the filing of criminal complaint against the builder. If the offences that are stipulated in the IPC are continuing offences, there is no period of limitation as regards filing of the complaint against the builder. In any other event the limitation would be of 3 years from the date of cause of action. While drafting the criminal complaint, the Society should high-light specifically the violation of the various provisions of MOFA Act. The Society should also emphasize that violation of the provisions of MOFA Act is criminal in nature. Attention of the criminal court should be drawn to offences of various sections of Indian Penal Code – Sections 406, 407 read with sections 415 and 420. The complainant should also bring out irregularities committed by the builders while executing the constructions of the building:
1) Selling away the car parking
2) Not giving copies of the building plan
3) Not giving the original documents like title deeds
4) Not giving building plans
5) Not giving replies to the various submissions made by the Society by way of legal notices of advocates.
The complainant may substantiate their allegations with the documentary evidence and correspondence done with the builder. As regards filing a complaint against the Builder in Criminal Court, normally action has to be initiated against the erring Builders under the provisions of Sections 3, 3-J, 4, 5, 10, 11, 13 of the MOFA Act r/w Rule 9 of the MOFA Rules. The Society should also initiate action u/s 406 & 407 of IPC read with Sections 415 and 420 of the Indian Penal Code, 1860.
The above-said sections are reproduced herewith for ready reference. Section 406 of the Indian Penal Code, 1860
“406 Punishment for criminal breach of trust – Whoever commits criminal breach of trust shall be punihed with imprisonment of either description for a trm which may extend to three years, or with fine, or with both.”
Section 407 of the Indian Penal Code, 1860
“407. Criminal breach of trust by carrier, etc. – Whoever, being entrusted with property as a carrier, wharfinger or warehouse keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Section 415 of the Indian Penal Code, 1860
“415. Cheating – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
Explanation – A dishonest concealment of facts is a deception within the meaning of this section.”
Section 420 of the Indian Penal Penal Code, 1860
“420. Cheating and dishonestly inducing delivery of property – Whoever cheats and thereby dishonestly induces 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, and which is capable of being converted into a value security, shall be punished with imprisonment of ether description or a term which may extend to seven years, and shall also be liable to fine.”
Many a times there are disputes among individuals who make allegations against each other. In such circumstances it is a fashion to approach the police authorities making allegations against the persons with whom the party has a dispute. The police authorities in such circumstances initiate chapter proceedings against the party who is in their opinion, a source of nuisance in the area. The police authorities to begin with call upon the parties to remain physically present at the Police Station. This procedure leads to frustration as the parties are made to wait at the police station. In chapter proceedings, reasonable restrictions are made on the individuals. The Police authorities invoke Section 107 of the Code of Criminal Procedure, 1973. The said section is reproduced below:
“107. Security for keeping the peace in other cases – (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show-cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate thinks fit.
(2) Proceedings under this section may be taken before any executive magistrate when either the place here the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.”
Now let us analyse how the formalities have to be undertaken by the Co-operative Society if it wants to file a suit before the Criminal Court. First and foremost a Notice has to be issued to the builder calling upon him to comply with the statutory formalities as are stipulated in the MOFA Act. It needs to be emphasized that the blanket consent obtained by the Builder at the time of signing the Agreement is not a consent at all.
It is further submitted that normally the Agreement executed by the Builder is a one sided Agreement. Having regard to the misuse of power by the Builder, the Government Authorities have been compelled to incorporate Model Agreement in Form-V in the MOFA Act. It is observed that very rarely the Builders will comply with the terms and conditions as are stipulated in the Model Agreement in Form-V.
If there is no proper response from the Builder after issuance of the Notice, then the parties have a right to approach the Criminal Court. It is advisable to lodge a Police Complaint after issue of notice and then to file a Criminal Complaint in the Magistrate’s Court upon failure of the Police Authorities to take cognizance of the Complaint. This can also be a ground for approaching the Magistrate’s Court. A Criminal Complaint has to be filed against the Builder in the Metropolitan Magistrate’s Court, who has the jurisdiction to try such cases, for the offences committed by him. The offences that are normally committed by the Builder are already mentioned hereinabove.
Whenever there is a complaint by an individual to the police authorities and if the individual feels that for some reasons the police authorities are not taking necessary action then the alternative remedy is to lodge a private complaint with the Metropolitan Magistrate. The private complaint can be lodged by an individual under Section 190(1)(c) of the Code of Criminal Procedure. The said section is reproduced below:
“190. Cognizance of offence by Magistrate – (1) Subject to the provisions of this chapter, any magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence :-
(a) upon receiving a complaint of facts which constitute such offence.
(b) Upon a police report of such facts.
(c) Upon information received from any person other than a police officer or upon his own knowledge, that such offence has been committed.”
Grievances of the complainants against the police authorities
FIR is not recorded.
Recording of the complaint is delayed by the police authorities.
No action is taken on the complaint.
Investigations are not done by the Police in a proper manner.
The complainants are made to wait for no fault of theirs.
Abusive language is used by the Police authorities.
Political interference.
If one is not satisfied with the way Sr. Inspector conducts investigation, one should approach the Asstt. Commissioner of Police.
If one does not get proper response from the Asstt. Commissioner of Police, one should approach the Dy. Commissioner of Police.
If one does not get proper response from the Dy .Commissioner of Police, one should approach the Commissioner of Police.
If one does not get proper response from the Commissioner of Police, one should take up the matter with the Collector.
It needs to be emphasized that the Magistrate is not bound to accept the private complaint from an individual. However, if there is substance in the complaint and if the Magistrate is prima facie satisfied as regards the various submissions made in the private complaint then the Magistrate may entertain the private complaint.
Now let us analyze when a private complaint is lodged by an individual. There are various instances when the police authorities do not entertain the request of the individuals. Also there are instances where the individual feels that the police authorities are not genuinely interested in pressing the case against the accused. In such circumstances the individual can file a private complaint.
Filing of a private complaint can result in the accused either being acquitted or convicted. If the accused is convicted then in those circumstances the Metropolitan Magistrate can pass sentence against him or impose fine or with both. Once a private complaint is filed, then the normal procedure with regard to the trial of criminal complaint would be applicable.
It needs to be emphasized that even if a private complaint has been filed then the complainant has a right to pray before the Hon’ble Magistrate to get the matter investigated through Police Officer under Section 156(3) of the Code of Criminal Procedure. The said section is reproduced herewith for ready reference:
“156. Police officer’s power to investigate cognizable case – (1) Any Officer-in-charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under the Section 190 may order such instigation as above-mentioned.”
Once a complaint is lodged, the matter is kept for verification wherein the statement of the Complainant is taken. If the Metropolitan Magistrate is of the opinion that process should be issued under the provisions of MOF Act, after verification he accordingly issues the process (Summons) to the accused Builder calling upon him to answer the charges. The time taken for the process period is approximately one month.
On the first day of the accused Builder remaining present in the Criminal Court he has to submit a Personal Bond (PR) of such amount as directed by the Hon’ble Metropolitan Magistrate. In criminal complaint, a complainant has to personally remain present in the court. The Co-operative Societies are advised to file the complaint through the Manager. This may save time. The implication would be that the society may pay reasonable remuneration to the Manager who would attend the court. Necessary resolution of the society has to be annexed along with the complaint. It needs to be emphasized that if the services of the employee are terminated, even then the ex-employee is duty bound to attend the court and give evidence. Normally an accused has to remain present personally before the Hon’ble Judge of Metropolitan Magistrate’s Court. Many times the accused, because of his other business commitment as well as with a view to avoid mental torture, may apply to the Metropolitan Magistrate’s Court for permanent exemption, which is rarely granted by the Hon’ble Metropolitan Magistrate. In the event this request of the accused is not granted then the accused is supposed to remain present on each and every date of hearing.
In the event the accused does not remain present at the Metropolitan Magistrate’s Court then in such circumstances first and foremost the Court may issue Bailable Warrant u/s. 87 of Cr. P.C. If in spite of the same accused does not remain present then Non Bailable arrest warrant is issued. Implementation of the same can be explained with an example, say the accused is traveling from Mumbai to Goa then the Police Officer can, as per direction of the Metropolitan Magistrate Court, straightway arrest the accused and produce him before the Metropolitan Magistrate’s Court. This is the reason why many people settle the matter out of Court when criminal cases are filed. Normally criminal cases can result in mental torture and inconvenience to the accused including imprisonment for not complying with the statutory obligations.
Of course if there are genuine reasons like health ground then the accused may be exempted from appearing personally in the Court for a particular date.
Once the Hon’ble Metropolitan Magistrate Court issues Summons the same has to be served upon the accused Builder. Thereafter the accused has to attend the Court and answer various charges that are mentioned in the complaint. The option available to the accused includes accepting the charges or contesting the charges. Normally the accused contests the charges. Normally time taken between the different dates is about one month.
If the accused Builder does not plead guilty then the matter is kept for evidence and the evidences are recorded firstly of the Complainant and his witnesses, if any, and thereafter that of the Accused Builder and his witnesses, if any. Their evidence so recorded will be followed by cross-examination for all witnesses. The Complainant may call the Estate Agent, his bankers, Police Authorities, Govt. and Semi-Government Authorities, etc. as his witnesses. On the basis of the evidences either of the both the parties Hon’ble Metropolitan Magistrate’s Court office passes proper order. If the accused Builder has erred in not complying with the various statutory obligations as contemplated under the MOFA Act, then the Metropolitan Magistrate has the powers to take action against the erring Builder.
It will not be out of place to mention here that recently one of the Metropolitan Magistrate Court while passing the Order in the case of Torna Co-operative Housing Society Ltd. has mentioned that one of the purposes of delivering the Judgment of awarding the punishment to the Builder is also to send a signal to other likewise Builders. The Hon’ble Metropolitan Magistrate has powers to compound charges and levy penalty on the accused when a Complaint has been filed by the Society against the builder for cheating (Sec. 420 of I.P.C.)
Now let us examine alternative options that are available to the accused. Once the matter is disposed of by judgment and order passed by the Metropolitan Magistrate Court convicting the Accused Builder then he has to prefer an appeal in the Sessions Court and that has to be done within a period of 30 days from the date of the order. The Sessions Court may review the order of the Lower Court. In the event the accused is aggrieved by the order as passed by Sessions Court then in that circumstances either of the parties can approach High Court.
Normally time frame that is taken in a criminal case for matters related to conveyance is 2 to 3 years.
I have purchased a flat from a Builder, and the Society is not transfering it in my name stating that the Builder has not provided some papers pertaining to the Building to the Society. I have filed complain in the District Consumer Court making Builder and the Society as opposite parties. Can I, at the same time file criminal complain against both ?
Dear Shri Sampatji, Regards, CHEATING, FRAUD AND BREACH OF TRUST BY DEV LAND AND HOUSING LTD (DLH) Builders and Developers
I, Dilip Shah, am senior citizen with age 65 years. This is a complaint against Mumbai based construction company named M/s DEV LAND AND HOUSING LTD (DLH), an ISO 9001-2000 awarded, having its Registered Office at 10th Floor, Dev Plaza, Opp. Andheri Fire Brigade, S.V.Road, Andheri (W), Mumbai. MR. VIJAY THAKORDAS THAKKAR is Chairman and Mg. Director.
In the month of June, 2009, by selling my old flat plus my life-time hard earned money added, I had booked a flat with full payment made at one stroke, in one of the upcoming residential projects of the above referred company M/s DEV LAND AND HOUSING LTD (DLH), the building known as “DEV PRESTIGE” at Veera Desai Road, Andheri (West) Mumbai 400 053. The possession is expected in Dec.2010.
Pursuant to making of full payment to the said Builder, I was requested by the him that since the building plans of the said project were in the final stage for approval with Mumbai Municipal Corporation, I should wait for some time to complete the formalities of issuance of Letter of Allotment of flat which was to be followed by execution and registration of Deed of Transfer and Assignment of the flat proposed to be allotted to me.
I thought his request being genuine and accepted to wait as I had no alternative left since I was in desperate need of flat and the full payment towards the proposed flat was already made.
After completion of waiting period of couple of months when I began the follow-up for claim of my flat in his above referred building known as “DEV PRESTIGE”, the said Builder on the pretext of one reason or the other started dilly-dally the matter and ignored/brushed-aside my repeated requests of execution of Title Documents in my favour.
I had sent numerous emails/messages; phone calls and SMS to Mr. Vijay Thakordas Thakkar, Chairman of the above Company and his advocate for completing the Specific Performance. I regret to mention here that none of my messages was replied and the said Builder continued to maintain mysterious silence over the matter without any bonafide reasons for not performing his obligations under the law.
Now, nearly more than 9 months have elapsed; till date, the said Builder has neither issued any Letter of Allotment to me identifying a specific flat, nor has executed any Deed of Transfer and Assignment of flat.
The said Builder on the pretext of one reason or the other dilly-dallied the matter and always brushed-aside my repeated requests of execution of Title Documents in my favour without any bonafide reason for not performing his obligations under the law. I am asking a question to the Supreme Authorities of Law and Order that is it not a sophisticated terrorism?
Besides all the emails and SMS sent to him preserved by me as documentary evidences, I am also holding all the original receipts for the amounts lawfully paid for the designated purpose.
The official receipts are issued by the said Builder on the printed letter heads of his Company wherein it has been clearly mentioned that the amounts so paid are towards a flat booking in the proposed residential project “DEV PRESTIGE” situate at Veera Desai Road, Andheri (West), Mumbai 400 053. Is it not blatant abuse of various sections of MOFA, 1963 for non-fulfillment of statutory obligations, The Indian Contract Act for non-performance of his promises within a reasonable time and The Indian Penal Code for alleged criminal breach of trust and cheating?
I am at a loss to read the ulterior intentions of the said Builder or is it an aimless but an attempt of deliberate harassment to me and my family members or a sophisticated terrorism. As my family members at home are now losing their patience; I seek an instant settlement of my long pending issue without any further delay to arrest mental torture caused by so-called ISO 9001-2000 Company run by the fraudsters.
It is now proved and confirmed beyond doubt about the malicious intentions and integrity of the said Builder that over a period of more than 9 months, he has succumbed to immoral and wicked ploy to dispossess me and my family of my lawful flat in building known as “DEV PRESTIGE” for his ulterior motives to unlawfully garner the surplus profit by selling my proposed flat in his said building due to sudden spurt in cost of flats in this area of Andheri, West.
The abhorrent fact now surfaces that why despite my repeated requests and reminders the said Builder did not reply even a single email sent by me to him and continued to defy and disregard the execution of the Title Documents.
All the emails sent to him are preserved by me besides holding all the receipts on their letter heads for the amounts lawfully paid for the designated purpose. I am a middle class family person and cannot afford the legal charges to approach the Court of Law.
I am staying in rented premises with a disturbed monthly budget. The lack of accountability and ethics in the system of law and order against such white culprits, the fact remains that no amount of retribution can make up for the trauma and mental torture that I and my family members have gone through and further how long.
Sincerely yours,
Dilip Shah
Dear all
I, Dilip Shah, hereby withdraw the above complaint dated 24th April, 2010 against M/s Dev Land and Housing Ltd (DLH) as my long pending has now been settled with an assurance from the said Developers that on withdrawal of the above complaint, the said Developers shall execute my Flat Agreement in due course.
Dilip Shah
Sir..after a visit at DLH Lokhandwala property and a set of negotiation in the last week … I searched DLH online and found your article…in my next meeting i asked about your episode before my deal discussion… inspite my direct attack to their credibility… They explained me the matter and I was kind of convinced on the same.
Before proceeding with final figure between us, they said one thing which gave me all the comfort I needed – ‘this deal is subject to your due satisfaction on our property documents’. This clarifies the intent of the developer.
Hope you are also satisfied now. I can see withdrawal of complaint …..
Kindly ask your builders , wht is the exact problem, Is he expecting more funds from you ?.how much ? if it is in your budget please make the payment and avoid the hassels. there is no point in going against the builders. if he is not ready than file a complaint in High Court. your lawyer should be good coz this builders alwys get in touch with the your lawyer. parallely give a complaint in the nearest police station and take the stamped copy. Or file a case in consumer court.
In our cooperative society our contractor has started building commercial complex without permission of members of scoiety by giving money to government officers so what to do in this case. we are fighting against him and we now reached upto tribunal but we know that the decision would be in his favour as he has given money to respective judge. please help me in this case. wether any direct way to inform about this illegal matter to Higher authority.
We purchased individual duplex bungalow, model house (2 years old) of Palm builders, Medavakkam in the year 2008, September.It was as a furnished house, so we purchased it for nearly one crore.As few pending works were there we kept one lakh on hold to pay them finally.They itself used the house for a year as model house & paid rent of 23, 000.After that duration without our knowledge they kept one family as tenants & just gave us information regarding that.Those tenants without paying any advance, they paid 15, 000 rent & stayed for few months.Past nearly 6 months the house is vacant, pending works + extra repair works are alive.If we call, the responsible person is not at all picking up the phone.We are staying in Pune, so our father-in-law (being in 70’s)went to Medavakkam office & the main office also several times.They are so ignorant & irresponsible.They just say as the workers are busy in new project, no man power is available now.How much ever new projects they have, this particular house is their nearly 5 years early project.Itz their duty to keep up their word & handover the house.Actually they have to finish all the work & handover the house as soon as possible or provide us compensation for their work delay.It will be so kind of u people to help & suggest us further regarding this issue.
SIR, I WANT TO KNOW THAT WHETHER WE CAN STOP TITLE CLEARANCE AGAINST PROPERTY OF BUILDER, AS ONE TIME MAINTENANCE OF RS 3 LAKHS NOT YET RETURNED BY THE BUILDER TO THE SOCIETY, NOW HE WANTS TO SALE PROPERTY.
CAN WE GET STAY ORDER BY THE COURT LEGALLY TO SALE THE BUILDER OCCUPIED PROPERTY?
SOCIETY HAS PASSED RESOLUTION TO CHARGE MONTHLY MAINTENANCE FROM THE MEMBERS , TENANT,BUILDER UNSOLD PROPERTY BUILDER IS NOT PAYING MONTHLY MAINTENANCE CHARGE WHAT STEPS SOCIETY CAN TAKE AGAINST BUILDER ?
Dear Madam/Sir,
My mum is having a flat in Mumbai. We were the old tenants 18Nos. residing there our landlord a very good person sold over the property to the builder mentioning i don’t my tenants to suffer please give them the best. He agreed to pay stamp duty registration everything which he did. He paid the tenants at that time 2500/- + 15000/- deposit for temporary accommodation. after 2 yrs completion of the flat we got the possession letter, we got the agreement copies & all electric,gas , telephone bills in our names.
Later when soceity was formed & taken over we paid 18000/- for the years maintainence to builder (all tenants) and the sale people paid theirs directly to the builder.
Now that one person wanted to sell the flat he was asked for the OC/CC copies which he said the builder did not give us on asking the builder he said I don’t have any. Now we have come to know there is no CC/ no OC no TDR (above 4th floor its illegal) the water connection is illegal.
now the soceity says the builder has no money to pay this all so we have to pay 15lacs per flat for doing it (ie pay for the TDR etc) legally and penalty of 50,000/- per flat (total flats 58nos.) A+B wing to be paid to BMC for using illegal water.
Anyone kindly suggest what steps to be taken for this matter as most cannot pay this 15lacs +50thousand. The soceity only threathens us they will cut the water line + demolish the building from the 4th floor.
Thanks
hi my question is do developer /land lord have right to sell his rights or pass on his rights to another builder of registered society 35yrs old please do sujjest us whot to do .for conveyance process 2) can we file complain with the police FIR/N.C against developer and land lord3) what is role of HUF ,WHAT ARE THEIR RIGHTS AND LISABILITIES .4) if both developer and land lord of registered society sell /conveyor pass on their rights to other builder what steps to be taken by the registered society.5) can society file crimianl case in court and in consumer courtand in highcourt and in co-op housing court at atime for conveyance of the society .as per mofa act no developer or lancd lord pass or transfer rights of the registered soceity then IF PASSED the what steps tpo be taken for a registered society
Sir,
On Dec 2009, I booked a plot at a private builder with mutual agreement (Original Agreement is preserved with me). The builder did not commit the time frame of final registration any where in the agreement. But he has given various frames for final registration, through various communication received from his office in the form of letters. But he did not comply any of these time frames. When the same was asked him telephonically he has given a number of false assurances, Which are recorded in my phone. Now in Nov 2010 I have given him a personal representation for his act of violation to the agreements and get the plots registered in my name as early as possible. He did not bothered to reply to my letter. Then in Jan 12 I have served him with a legal notice through a lawyer to get the land registered in my name. also he did not responded to the notice. Then in Mar 12, I have served him with another legal notice to repay the booking amount, if the builder is not in position to register the land in my name. He also did not responded to the notice yet. Sir can you suggest what is the suitable further course of action, that i should initiate against the fraud builder.
Hi Sir,
I booked a flat in an apartment in Bhiwadi Rajasthan, where builder has taken 95% amount from on pretext that delivery will done in 12 months in november 2012 now even after 4 years builder didn’t delivered.
On my doubt i started investigation and found out that builder sold me flat on 5th floor of a G+ 11 storied but the to my surprise i found that work was stopped in the project in month of April 2016 by approving authorities as he had approval of constructing on G+5 building…. there are several other discrepancies in the project.
I filed a complaint with EOW and it reached a local police station in november 2015, after several visits, providing RTI copies as proof but police refused to file a criminal case saying its not 420 you may go to civil court or file an 156(3) i have met Joint commissioner, DCP commissioner, Addl DCP and ACP apart from doing site visit with the investigating officer of SI rank please advise what section i can use.
what steps should i take to get my money back.
Dear sir,
We all 47 Member purchased a flat in vasai(E) Near Gokhiware Talaw..in 2012 but till date we have not received our flat or any response from Builder Mr. sudhakar Singh & Mr. Bipin singh. we have lodge an FIR in 2014 but till date we are not getting any response. Above builder living in varanasi & doing his new project from our money, we have his address but Police not supporting us & not doing anything. we all are from middle family & most Important thing we have some member he is paying EMI against Flat. we are writing this letter from my crying heart.
Please any budy help us, we will never forgot in life time. Apxt. paid amount is Rs. 3-4 Cr.
Regards,
Sudhakar Dubey
Mob. 9324730342
sudhakardubey@hotmail.com
Respected Sir
Hope you are doing well
A local builder at Chennai had cheated me of amount Rs.20Lkhs and my other sister Rs.15Lakhs we both filed police complaints, since no update we complaint to CM-Cell, DGP office, State Human rights commission, sent legal notices etc.
And on 12-Dec-2023 the builder arrived at the local police station, knowing that I travelled outside Chennai. and after conciliation meeting held he gave 3PDC of 15Lakhs with three different dates (accepting that he took 20Lakhs from me), I didn’t accept and the local police played by keeping cheques at police station, informing that I collected the cheques, I hired local advocate but the builder also bribed him and he favored him and forced me to sign prepared letter in Tamil language which I don’t know what written.
I collected cheques and deposited the 1st cheque and bounced, sent legal notice of 138NIA but he responded that he didn’t collect the amounts from me or from my two sisters. (in fact, on 13-May-2024, he agreed to settle Rs.15Lakhs but denying in legal notice response).
I again made online four police complaints (Since 29-May-2024, no response), and had made five CM-Cell complaints and it directed to local police and they closed those complaints mentioning that I had collected the cheques and compromised with builder (all these contents were written in that Tamil letter, where the advocate cheated me after taking high fees, favored the builder and the local police).
In the last update I received at CM-Cell complaint, that the fraudster builder had agreed to settle the advance amount collected from me and from my sister (and also mentioned in that letter to local police that he had sold out the apartment to another parties), now the local police had mentioned that to deal with the builder with the appropriate forum since this is Civil dispute and closed the complaint, I appealed again CM-Cell and they directed to Commissioner of police but they also closed mentioned the same comments and letter from local police.
Kindly advice what are the steps to take against him, and he clearly said to me several times that to go to the court, it means he have bunch of lawyers who bring him out from legal actions, he bribed local police where they delayed the responses and pushes and collect his comments and post at CM-Cell platforms, the local police also have the network at Commissioner of police office (where they also use the same comments and close)
The fraudster builder has network in every Police station, bunches of lawyers who deal at court etc.
What shall I do in such a case to recover back my money, and since I am not residing at Chennai the builder is taking benefit.
Kindly advise your valuable comments, suggestion and what action I have to take against him and we frame him in the law, he should be punished, pay back my hard-earned money with mental agony, the unnecessary fees I paid to the advocates etc
Thank you all
Sincere regards
SAM