criminal case against builder


I want to file a criminal complaint against a builder. I bought a flat in Unitech Crest View, Gurgaon in 2013 but the builder has cheated me by using poor quality of materials for construction. What are the remedies available to me in this matter? Can I take criminal action against the builder?

Answer

If the builder has used poor quality of materials for construction of your flat you are eligible to initiate a criminal action against your builder. You can file a criminal case against the builder under Indian Penal Code, 1860 for breach of contract and delivery of poor quality of construction. You can also file a case for cheating. If the possession of your flat is delayed, you can approach consumer courts on the ground of deficiency in services. 

In many instances, courts have awarded penalties, for example, in the Unitech matter, the court has awarded exemplary compensation like 65 lakhs along with 18% interest as compensation, in the matter of  Jaypee group the developer was penalized with 12% annual penalty with respect to its NOIDA project.

Please, consult a lawyer in such matters. The first step is to send a legal notice covering all the aspects of your matter. This will determine the course of your claim. Consulting an expert lawyer will help you to get possession of your flat along with compensation. 


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