Legal action as builder sold same flat to multiple people

631 votes

Firstly legal notice can be issued for refund along with interest or registration of flat and if the builder is not adhering to the legal notice, then consumer case can be filed for refund alongwith interest and compensation or for registrtion of flat

Advocate Neeraj N LawRato

556 votes

Dear client
In cases of fraud in booking, the allottee can file a complaint against the builder in the consumer forum or file a civil suit in civil court. In case of fraud the allottee can also file a criminal complaint before the police. In a case the Supreme Court has held that the name of the applicant not being considered at the time of the draw notwithstanding that the applicant had fulfilled all the requirements of the advertisement was held to be a ”deficiency in service” as such, an applicant had a right for consideration of his application along with similarly situated persons and if at the appropriate time his name had been considered and allotted a plot, he would have been able to raise construction thereon with the resources at his disposal.It was held that by unduly and unlawfully denying him the opportunity of allotment, a reasonable and just compensation was required to be fixed and paid.
It was also held that a period of 9 months to a year is justifiable period to return the application fee without any interest, but if it can be demonstrated that the delay on the part of the Authorities in refunding the application fee was unreasonable, the courts have awarded interest notwithstanding that the brochure inviting the applications clearly provided that no interest would be paid by the Development Authorities. 5. Change of land use, layout plan and structures without the approval of the allottee:
If the builder wants to undertake additional construction, which is not part of the layout plan shown to flat allottees at the time of executing the purchase agreement he must obtain the consent of the allottee. In cases of the builder/developer makes changes in the use of land or in the layout plan and the structures with respect to the one given in the agreement, the allottee must send a legal notice to the builder and if he does not respond to the same the allottee can file a complaint against the builder in the consumer forum or file a civil suit in a civil court. The allottee can also file a complaint before the Competition Commission of India if he is able to show that the builder is a dominant entity in the market and is misusing his position to the detriment of the allottee by unilaterally altering the layout plan or structures of the building.

Advocate Hemadri VSSRR Chandrakanth LawRato

718 votes

First you lodge a cheating case against him in the police station. Later you file a civil case for ownership of the flat. To teach him a lesson both criminal and civil cases run against him. As you purchased first, you are entitled to get the ownership of the flat

Advocate P. Sathya Prakash LawRato