cheating case against builder


I purchased a flat in Emaar MGF Palm Garden, Gurgaon. The builder has cheated by telling that he has taken all the requisite approvals from the government but it was later discovered that he does not have all the approvals from the government and now the construction has been put on a halt by the builder. What should I do in such a situation?

Answer

In the instant matter, where the builder has cheated you or the devleoper has made false promises, the buyer can file a criminal case under Indian Penal Code, 1860 for cheating, breach of contract, for delivery of poor quality of construction. At the same time, you can also file a consumer complaint on the ground of deficiency of services. Delay in possession or nondelivery of flats come with the ambit of deficiency of services. 

Consumer courts have slapped huge penalties in various matters and assured that the possession of flat is given at the earliest or the entire amount is refunded along with interest and compensation. Consumer courts have awarded exemplary compensation like 65 lakhs along with 18% interest as compensation in the matter of Unitech, Jaypee group was penalized with 12% annual penalty with respect to its NOIDA project.  

It is very important that you consult a lawyer in such matters and send a legal notice. A well drafted legal notice, covering all the points can draw the case in your favour. Also, an experienced lawyer in such matters will ensure that you get the possession of your house along with compensation for cheating and delayed possession. 


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