quesBooked a plot, project not reliable. What action against builder?

I booked a plot in Rajasthan in Dec 12. No BBA has been signed yet and neither the delivery has happened till date as the project is not yet bankable. Police advised to FIR in court. What legal action can I take against the builder? Shall I go to Consumer Court or get the FIR done in Court?

 

Under which Court will this case fall as plot site is Rajasthan and they have just opened an office in Haryana. They have not updated any Director or Fax details on their website and neither shared the same with us despite various follow ups.

 

Does it attract any section under IPC? 

 

  • ans 

    You can initiate both civil as well as criminal action simultaneously.

     

    With respect to civil action, you can go to the Consumer Court and file a complaint or you can file a recovery suit against the builder claiming your money back.

     

    With respect to criminal action, you should register a written complaint and get the FIR registered. The Sections involved in this are: Section 420 and 406. 120 B shall only come into picture if there is a criminal conspiracy between 2 or more entities. You cannot register a complaint for criminal conspiracy only against one person / entity.

     

    With respect to jurisdiction, the territorial jurisdiction lies in the Court where either the property is situated or where the defendant resides. 

     

    Therefore, the jurisdiction shall lie in Rajasthan as the property is situated in Rajasthan as well as Haryana if the said office is the registered office of the builder.

     

     

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