Builder Fraud, took money promise to sell but sold to other party

967 votes

To initiate action against such Illegality you could have approached the Consumer Commission and RERA authority by filing an appropriate petition. Not only can you get a refund, but also compensation.

Dr. S. Diraviam Dinesh LawRato

585 votes

You can approach the Judicial Magistrate Court and file a petition under Section 156(3) of the Code of Criminal Procedure, 1973, [BNSS 175 (3)] seeking a direction to the police to register an FIR against the builder for cheating (Section 420 IPC - 318 BNS), criminal breach of trust (Section 406 IPC - 316 BNS), and criminal intimidation (Section 506 IPC - 351 BNS). The Magistrate has the authority to direct the police to investigate the matter and submit a report. If the Magistrate does not direct the registration of FIR, you can file a private complaint under Section 200 CrPC (BNSS 223), narrating the entire facts and requesting the court to take cognizance and proceed against the builder. If the local police are repeatedly closing your complaints without proper investigation, you may also approach the High Court under Article 226 of the Constitution of India seeking a writ of mandamus directing the police to register the FIR and investigate the matter in a fair and impartial manner. Adv. Arjun Saravanan Rajendra Law Office LLP

Advocate Arjun S LawRato

912 votes

Request the Hon'ble Court to issue a directive to the concerned police authorities to register a First Information Report (FIR) under the appropriate legal provisions pertaining to the matter in question.

Advocate Illamaran J LawRato

557 votes

If the local police are refusing to register an FIR despite clear allegations of cheating, abuse, and threat, you can file a petition under Section 156(3) CrPC before the Jurisdictional Magistrate seeking directions to register an FIR and investigate. Attach all evidence, including builder communications, CM Cell complaints, and police responses. You can also approach the Madras High Court by filing a Writ Petition under Article 226 for police inaction. Since this involves cheating three sisters for separate flats, it is a clear case of criminal breach of trust and fraud (Sections 420, 406, 506 IPC). Additionally, file a complaint with the State Human Rights Commission for police negligence. Legal support is available to initiate this process. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.

Advocate Venkatakrishnan A M LawRato