In this article, we will
discuss about the instances of how a builder can defraud or cheat a buyer, and
in such cases how can a buyer file a criminal case against the buyer.
·
When builder cheats you: There are many times,
when your builder defrauds you or cheats you by not stating the true facts or by
making false promises. In that case, you can file a suit against the builder.
The nature of the suit is criminal in nature.
·
Criminal in Nature: A fraud or cheating is
criminal in nature, and thus have to be criminal case filed before a court of
law under the Indian Penal Code, 1860. That can only be done by the party who
is aggrieved, by first filing a First Information Report (F.I.R) to the police
authorities.
·
Alternative Remedy: A person can also file a
consumer complaint against the buyer on the ground of deficiency of
service. Deficiency of Service covers
delay in possession, non-delivery of flats etc.
·
Consumer Courts dealing
with the complaint: Consumer Courts takes these types of matter
very seriously. Sometimes, the Consumer Courts have given a huge amount of
penalty in cases of deficiency of service. It has also assured the buyer that
the possession of the flat will be given at the earliest, or entire amount will
be refunded.
·
Procedure to suit a
criminal suit against the Builder: Below is the procedure –
1.
Legal Notice – The aggrieved person can
send a legal notice to the builder. The builder should answer the legal notice
with his/her reply to the issue. If the builder doesn’t give answer to the
notice, then the buyer can file a complaint and approach the criminal courts.
2.
Police Complaint – If the builder doesn’t
respond to the legal notice, then the buyer should file a police complaint.
3.
Criminal Complaint – After filing the police
complaint, the buyer can file a criminal complaint to the metropolitan
Magistrate.
4.
Criminal Courts – After complaining to the
police authorities, the buyer should go directly to the criminal court and for
filing a criminal suit.
5.
Proof – The complainant i.e. the
buyer should also present the proof of default or irregularities done by the
builder while executing the construction of the building, to prove its point in
front of the court.
6.
Appearance – Both the parties should be
present at the time of hearing because it is a very fat trial. In case any
party doesn’t appear, a bailable or a non-bailable warrant can be issue against
them.
·
Ways in which the Builder
can Defraud/Cheat you: A builder can defraud or cheat you in various ways. Below are
some instances –
1.
Fraud in booking – A builder can defraud you
when you are booking a flat by not stating the correct facts like the area of
the flat, quality of the raw materials used, floor map, etc.
2.
Cancellation of
Booking/Project - After you have booked the flat, the builder sometimes cancel
your booking or even cancel the construction of whole project by giving some
lame reason.
3.
Creation of Third Party
Interest - A builder sometimes creates a third party interest with your flat, like
giving it for mortgage, lease, licence etc.
In the above situation,
you can file a criminal complaint against the builder of cheating and fraud.
·
Opinion of Indian Courts: Bombay High Court recently
said that cheating by developer is a criminal offence, and it cannot be termed
as disputes of a civil nature.
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