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Author Topic: Cheated by builder  (Read 921 times)

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Offline shilznminz

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Cheated by builder
« on: April 04, 2015, 07:03:04 AM »
I paid Rs.1 lakh (by cheque) as booking amount for a flat to a builder in Bangalore in August 2012. He provided a receipt and it stated that if the client withdrew later, 20% amount would be withheld. He did not do any construction, but made only false promises. He is absconding for last one year. Now I heard that he has been arrested on the basis of complaints from other persons who were cheated similarly. I read that he had cheated 17 persons ( amounts ranging upto 20 lakh for some persons) for more than 1.5 crore. I have not made any complaint anywhere. Sir, I want to know 3 things:
1. Is it worth to file a complaint and fight the case to get back Rs. 1 lakh, considering the cost and efforts involved? What is the possibility of getting the compensation in such cases?
2. Is it necessary to issue legal notice before filing a complaint in the District Consumer Forum or the Police, especially since the culprit is arrested already?
3. What should I do now, as the case filed by others will be going on in the Courts and Consumer Forums?

Offline advocate-lyngdoh

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Re: Cheated by builder
« Reply #1 on: April 11, 2015, 03:56:12 AM »
you are supposed to lodge a police complaint first.

than you should contact those who have already filed against this person, and club your complaint with their's
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline adv.amarnath

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Re: Cheated by builder
« Reply #2 on: July 14, 2015, 02:21:51 PM »
As per your first question, It is worthy to file a complaint case before the consumer forum and you will get remedy early without any effort and high cost. Possibilities to get back your earnest/ booking money is cent percent if you prove your case corroborated with evidence. Further you will get compensation, interest @ 12% p.a. till realisation of your earnest money and cost of the proceedings.

At this stage no notice is required to send to your promoter/ builder prior to filing a consumer case or file a complaint before local police station. But if you want your promoter/ builder to take action through criminal laws then you have limited scope before Consumer Forum as you have opted criminal proceedings. Better to avoid lodging complaint before police station as complaint to police station is not an important documents before the consumer court.

As per your last question, you should file a consumer case before Consumer Forum/ Commission having its jurisdiction before it is too late. Limitation is 2 years from the date of cause of action.



Amarnath Sanyal
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